Ludolphs v Australian Prudential Regulation Authority [2007] FCA 1629

FEDERAL COURT OF AUSTRALIA

Ludolphs v Australian Prudential Regulation Authority [2007] FCA 1629 APPEAL - Application for leave to appeal from refusal to make suppression orders - whether interim suppression orders should be made pending hearing of application for leave to appeal. John Fairfax Publications Pty Ltd v Local Court of New South Wales (1992) 26 NSWLR 131

Administrative Appeals Act 1975 (Cth), ss 35(2), 41(2) Federal Court of Australia Act 1976 (Cth), s 50 Insurance Act 1973 (Cth) ss 25A(1), 63(2), 63(4), 63(7) HENNING LUDOLPHS and JUERGEN GRAEBER v AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY NSD1904 OF 2007

SACKVILLE J

26 OCTOBER 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD1904 OF 2007

BETWEEN: HENNING LUDOLPHS

First Applicant

JUERGEN GRAEBER

Second Applicant

AND: AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY

Respondent

JUDGE: SACKVILLE J DATE OF ORDER: 26 OCTOBER 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The applicants file and serve by 5 pm on 26 October 2007 any application for leave to appeal from the orders made by Lindgren J on 25 October 2007. Any such application is to be returnable before the Duty Judge at 10.15 am on 1 November 2007, without prejudice to the applicants' entitlement to approach the Duty Judge earlier if so advised. 2. If no application for leave to appeal is filed by the time specified in Order 1, the application for leave to appeal will stand dismissed with costs. 3. The applicants' motion for interim suppression orders be dismissed. 4. The applicants pay the respondent's costs of the motion for interim suppression orders. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD1904 OF 2007