FEDERAL COURT OF AUSTRALIA Chapman v Luminis Pty Ltd [2002] FCA 789 THOMAS LINCOLN CHAPMAN, WENDY JENNIFER CHAPMAN, BINALONG PTY LIMITED (ACN 007 620 439) (RECEIVERS AND MANAGERS APPOINTED) (IN LIQUIDATION) v LUMINIS PTY LTD (ACN 008 027 085), DEANE JOANNE FERGIE, CHERYL ANNE SAUNDERS, ROBERT EDWARD TICKNER and COMMONWEALTH OF AUSTRALIA S152 OF 2001 TAMBERLIN J SYDNEY 19 JUNE 2002 IN THE FEDERAL COURT OF AUSTRALIA SOUTH AUSTRALIA DISTRICT REGISTRY S152 OF 2001 BETWEEN: THOMAS LINCOLN CHAPMAN WENDY JENNIFER CHAPMAN BINALONG PTY LIMITED (ACN 007 620 439) (RECEIVERS AND MANAGERS APPOINTED) (IN LIQUIDATION) APPELLANTS AND: LUMINIS PTY LTD (ACN 008 027 085) DEANE JOANNE FERGIE CHERYL ANNE SAUNDERS ROBERT EDWARD TICKNER and COMMONWEALTH OF AUSTRALIA RESPONDENTS JUDGE: TAMBERLIN J DATE OF ORDER: 19 JUNE 2002 WHERE MADE: SYDNEY THE COURT ORDERS THAT: The stay in this matter is revoked and ceased to apply as and from 11 June 2002 when security satisfactory to the Registrar was provided Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA SOUTH AUSTRALIA DISTRICT REGISTRY S152 OF 2001 BETWEEN: THOMAS LINCOLN CHAPMAN WENDY JENNIFER CHAPMAN BINALONG PTY LIMITED (ACN 007 620 439) (RECEIVERS AND MANAGERS APPOINTED) (IN LIQUIDATION) APPELLANTS AND: LUMINIS PTY LTD (ACN 008 027 085) DEANE JOANNE FERGIE CHERYL ANNE SAUNDERS ROBERT EDWARD TICKNER and COMMONWEALTH OF AUSTRALIA RESPONDENTS JUDGE: TAMBERLIN J DATE: 19 JUNE 2002 PLACE: SYDNEY REASONS FOR JUDGMENT 1 Having read submissions for the appellants and noting that the respondents do not propose to make any submissions in relation to the question of the lifting of the stay in this matter, I note that the security required was provided to the satisfaction of the Registrar and therefore I order that the stay of the appeal proceedings which came into effect on 30 May 2002, has ceased to apply and is revoked as from 11 June 2002. 2 The order of the Court therefore is that the stay in this matter is revoked and ceased to apply as and from 11 June 2002 when security satisfactory to the Registrar was provided. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Tamberlin. Associate: Dated: 19 June 2002 Solicitor for the Appellants: Lynch Meyer Solicitor for the Respondents: Australian Government Solicitor Date of final submissions: 18 June 2002 Date of Judgment: 19 June 2002