In the Matter of Cortaus Ltd (in liq) Sheahan, John v Joye, Ian Edward [No.2] [1996] FCA 269

CATCHWORDS PRACTICE AND PROCEDURE - application to further adjourn the examination of the respondent on matters relating to the examinable affairs of a Corporation pending application for special leave to the High Court from orders of the Full Federal Court - application not strictly a stay of the orders of the Full Federal Court - application in the nature of an interlocutory injunction pending the determination of the special leave application or alternatively an interlocutory order dealing with a matter of practice and procedure concerning the exercise of the Court's jurisdiction pursuant to part 5.9 of the Corporations Law - jurisdiction to grant injunctive relief to preserve the subject matter of litigation pending the determination of an application for special leave is an extraordinary one and will only be granted in exceptional circumstances - jurisdiction to further adjourn the examination pending an application for special leave is to be exercised on a similar basis - factors to be taken into consideration - case not one in which exceptional circumstances justify a grant of relief sought. COURTS AND JUDGES - jurisdiction - application to further adjourn the examination of the respondent on matters relating to the examinable affairs of a Corporation pending application for special leave to the High Court from orders of the Full Federal Court - whether application might more appropriately be made to the Full Federal Court which heard and determined the appeal or alternatively to the learned President of that Court - single judge of the Federal Court has jurisdiction to make an interlocutory injunction pending the determination of a special leave application and if special leave were granted, pending the determination of the appeal - such jurisdiction is part of the original jurisdiction of the Federal Court rather than its appellate jurisdiction - source of jurisdiction for a single judge of the Federal Court to hear and determine the application comes from s 20 rather s 25 of the Federal Court of Australia Act 1976 (Cth). Federal Court of Australia Act 1976 (Cth) s 20 and s 25 Smith Kline & French Laboratories (Aust) Ltd v Secretary, Department of Community Services and Health [1991] 65 ALJR 360 Jennings Construction Limited v Burgundy Royale Investments Proprietary Limited [No 1] (1986) 161 CLR 681 John Fairfax & Sons Ltd v Kelly (No 2) (1987) 8 NSWLR 510 Sibuse Pty Ltd v Shaw [No 2] (1988) 13 NSWLR 125 Gerah Imports v The Duke Group Ltd (in liq) (1994) 12 ACSR 672 No SG 3137 of 1994 IN THE MATTER of CORTAUS LIMITED (IN LIQUIDATION) (ACN 008 965 124) JOHN SHEAHAN v IAN EDWARD JOYE Branson J Adelaide 23 April 1996