Australian & New Zealand Banking Group Ltd v Merribee Pastoral Industries Pty Ltd [1998] FCA 856

FEDERAL COURT OF AUSTRALIA Practice and Procedure - application for leave to appeal from order staying an order for the winding up of a corporation – stay granted pending challenge to order based on the potential constitutional invalidity of the statute in pursuance of which the order was made – challenge brought in separate original proceedings in the High Court, not by appeal in the present litigation – stay granted upon undertaking by respondent to appeal which was not met - whether it was appropriate to grant stay – whether grant of stay undermines the operation of the principles of stare decisis – whether respondent's proceedings amount to a collateral attack on the order for winding up – whether sufficient for stay to show that any process exists to have impugned order set aside – whether fact that order allegedly should have been made by another court alone is sufficient ground for the grant of a stay in circumstances where the trial judge was bound to hold that he had jurisdiction to make the winding up order – whether, given undertaking not met upon which order was premised, the stay order should now be set aside.

Federal Court of Australia Act 1976 – s 23, s 25(2)

High Court Rules – O 55

Federal Court Rules - O 37 r 10 Cameron v Cole (1943-1944) 68 CLR 571 – cons. Chicot County Drainage District v Baxter State Bank (1940) 308 US 371 – cons. Construction Employees and Builders Labourers Federation (1981) 34 ALR 208 – cons. FCT v St Helen's Farm (A.C.T.) Pty Ltd (1981) 146 CLR 336 – cons. Federal Commission of Taxation v Meyer (1986) 64 ALR 325 – cons. Gerah Imports v The Duke Group Ltd (in liquidation) (1994) 119 ALR 401 – cons.

IOC Australia Pty Limited v Mobil Oil Australia Limited (1975) 49 ALJR 176 – cons.

Jackson v Sterling Industries Limited (1987) 162 CLR 612 – cons. Jennings Constructions Limited v Burgundy Royale Investments Pty Ltd (1986) 161 CLR 681 – dist. Rahme v Commonwealth Bank of Australia (1993) 68 ALJR 53 – cons. Ravenor Overseas Inc v Readhead (1998) 152 ALR 416 – cons. Re Marks and FIA (1981) 34 ALR 208 – cons. Re Marks and Federated Ironworkers Association; Ex parte Australian Building Reference Re Language Rights under the Manitoba Act 1870 (1985) 19 DLR (4th) 1 – cons. Woods Bros Construction Co v Yankton County, South Dakota 54 F (2d) 304 – cons.