In the matter of Cortaus Ltd (in liquidation) Sheahan, John v Joye, Ian Edward (No 3) [1996] FCA 445

CATCHWORDS CORPORATIONS - application to restrain liquidator from taking any further steps in relation to the examination of the respondent pending the full Federal Court's final determination of certain "constitutional issues" - whether examination of the respondent should be allowed to proceed pending the final determination of the "constitutional issues" - the respective prejudices to be suffered by the liquidator if the application to further adjourn the examination and by the respondent if such application is not granted to be weighed up - evaluation of the overall balance of convenience. Corporations Law s 596B Judiciary Act 1903 (Cth) s 78B No SG 3137 of 1994 IN THE MATTER OF CORTAUS LIMITED (IN LIQUIDATION) (ACN 008 965 124) JOHN SHEAHAN v IAN EDWARD JOYE [No.3] Branson J Adelaide 7 June 1996

IN THE FEDERAL COURT OF AUSTRALIA) ) SOUTH AUSTRALIA DISTRICT REGISTRY) No SG 3137 of 1994 ) GENERAL DIVISION IN THE MATTER OF CORTAUS LIMITED (IN LIQUIDATION) (ACN 008 965 124) BETWEEN: JOHN SHEAHAN Applicant - and - IAN EDWARD JOYE Respondent [No.3] MINUTES OF ORDER CORAM: Branson J PLACE: Adelaide DATE: 7 June 1996 THE COURT ORDERS THAT:- 1. The examination about the examinable affairs of Cortaus Ltd (in Liquidation) of Ian Edward Joye pursuant to the order of the Registrar dated 25 November 1994 and the summons dated 6 December 1994 is further adjourned to a date to be fixed being a date not earlier than the determination by the Full Court of this Court of questions reserved for determination by the Full Court of this Court in the matter VG 3304 of 1992 Amann Aviation Pty Ltd (in Liquidation) v The Application of Martin

Russell-Brown. 2. Consideration of paragraphs 1-6 and further consideration of paragraphs 7-9 of the notice of motion dated 2 May 1996 are stood over to a date to be fixed. 3. Each party has liberty to apply on 48 hours written notice to the other. 4. Costs be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.