Federal Court of Australia
FEDERAL COURT OF AUSTRALIA PRACTICE AND PROCEDURE - Appeals - application for stay pending appeal - matters relevant to exercise of discretion to grant stay. Federal Court Rules O 52 r 17
Federal Commissioner of Taxation v Myer Emporium Ltd [No 1] (1986) 160 CLR 220 Sali v SPC Ltd (1993) 67 ALJR 515 Advanced Building Systems v Ramset Fasteners (Aust) Pty Ltd (1997) 145 ALR 121 Henderson v Amadio Pty Ltd (1996) 65 FCR 66 Powerflex Services Pty Ltd v Data Access Corporation (1996) 67 FCR 65 Ted Brown Quarries Pty Ltd v General Quarries (Gilston) (1977) 16 ALR 23 Ray Teese Pty Ltd v Syntex Australia Limited [1998] 1 QdR 104 JLW (Vic) Pty Ltd v Tsiloglou [1994] 1 VR 237 Griffiths v Civil Aviation Authority (1996) 67 FCR 301 Cummings v Claremont Petroleum (1996) 185 CLR 124 STARBORNE HOLDINGS PTY LTD v RADFERRY PTY LTD, LOUIE ZENONOS, SAM ZENONOS AND JOHN ZENONOS QG 125 of 1996 COOPER J BRISBANE 21 MAY 1998
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QG 125 of 1996
BETWEEN: starborne holdings pty ltd
Applicant
AND: radferry pty ltd
First Respondent
louie zenonos, sam zenonos and john zenonos
Second Respondent
JUDGE: COOPER J
DATE OF ORDER: 21 MAY 1998
WHERE MADE: BRISBANE
THE COURT ORDERS THAT: 1. The applicant and Messrs Burns Jameson solicitors, within forty-eight hours, file in court, a written undertaking to the Court, that they, or either of them, will deposit in the said solicitors' trust account, any monies recovered by the applicant or on its behalf by execution or otherwise in respect of the judgment of Drummond J given on 27 April 1988 in these proceedings and to invest the same in any authorised trustee's investment pending determination of the appeal filed herein. 2. The application for a stay of the judgment of Drummond J given on 27 April 1998, by notice of motion filed 12 May 1998, be dismissed. 3. In default of the filing of the written undertaking as required by paragraph 1 above, the respondents to have liberty to apply for such further or other order as they may be advised. 4. The applicants to the notice of motion filed 12 May 1998 pay the respondent to the motion its costs of and incidental to the motion to be taxed if not agreed.
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