Stern v National Australia Bank Ltd [1999] FCA 1656

FEDERAL COURT OF AUSTRALIA

Stern v National Australia Bank Ltd [1999] FCA 1656 PRACTICE and PROCEDURE – application for a stay of proceedings pending an appeal to the Full Court – hardship – danger of execution or bankruptcy proceedings – assets divested – period of time from foreign judgment now enforced in Australia COSTS – application for indemnity costs – costs usually awarded on a party-party basis – public interest in control of costs – judicial discretion – special circumstances required to depart from general rule

Trade Practices Act (1974) (Cth) Federal Court of Australia Act 1977 (Cth) ss 23 and 43 Federal Court Rules O 62 Berry v British Transport Commission [1962] 1 QB 306 cited Colgate-Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225 applied Huntsman Chemical Company Australia Ltd v International Pools Australia Ltd (1995) 36 NSWLR 242 cited Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 cited ILANA ELENKA STERN AND JOSEPH POLLAK v NATIONAL AUSTRALIA BANK LIMITED NG 149 OF 1996, NG 81 OF 1998, N 303 OF 1999 AND NATIONAL AUSTRALIA BANK LIMITED v JOSEPH POLLAK AND ILANA ELENKA STERN NG 936 OF 1996

TAMBERLIN J SYDNEY 26 NOVEMBER 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 149 of 1996

NG 81 of 1998

N 303 of 1999

BETWEEN: ILANA ELENKA STERN

FIRST APPLICANT

JOSEPH POLLAK

SECOND APPLICANT

AND: NATIONAL AUSTRALIA BANK LIMITED

BETWEEN: RESPONDENT

AND: NG 936 of 1996

NATIONAL AUSTRALIA BANK LIMITED

APPLICANT

JOSEPH POLLAK

FIRST RESPONDENT

ILANA ELENKA STERN

SECOND RESPONDENT