Australian Prudential Regulation Authority v Siminton (No 9) [2007] FCA 1714

FEDERAL COURT OF AUSTRALIA

Australian Prudential Regulation Authority v Siminton (No 9) [2007] FCA 1714 PRACTICE AND PROCEDURE – Notice of motion – Application seeking release of funds for the purpose of paying legal fees – Where judgment in the principal proceeding found that the respondent had no legal right to use the funds – Application refused PRACTICE AND PROCEDURE – Notice of motion – Application for stay of an order imposed by a Full Court pending the hearing of a proposed appeal – Where respondent found to be in contempt of that order – Where Full Court did not confer on a single judge of the Court the power to vary its orders or delay their implementation – Application refused PRACTICE AND PROCEDURE – Notice of motion – Application to stay the implementation of the judgment in the principal proceeding in respect of the appointment of a receiver, pending the hearing of a proposed appeal – Where the respondent's application for a stay was filed before the actual form of the orders was known – Whether proposed appeal is genuine and based on reasonably arguable grounds – Stay application adjourned to allow the respondent to consider orders and draft a notice of appeal Banking Act 1959 (Cth) ss 7, 66

Andrews v John Fairfax & Sons Limited [1979] 2 NSWLR 184 referred to Australian Prudential Regulation Authority v Siminton (No 6) [2007] FCA 1608 cited Siminton v Australian Prudential Regulation Authority (2006) 152 FCR 129 referred to Australian Prudential Regulation Authority v Siminton (No 8) [2007] FCA 1612 cited AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY v DAVID ROBERT SIMINTON VID 1607 OF 2005

TRACEY J

15 NOVEMBER 2007

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1607 OF 2005

BETWEEN: AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY

Applicant