Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hogan v Australian Crime Commission [2009] FCA 761
PRACTICE AND PROCEDURE – stay of orders of Full Court of Federal Court of Australia – special leave to appeal to High Court of Australia – whether the prospects are not insubstantial – s35A(b) Judiciary Act 1903 (Cth) – dissenting judgment – nature of loss if proceedings not stayed – balance of convenience PAUL HOGAN v AUSTRALIAN CRIME COMMISSION, THE CHIEF EXECUTIVE OFFICER OF THE AUSTRALIAN CRIME COMMISSION and NATIONWIDE NEWS PTY LIMITED AND JOHN FAIRFAX PUBLICATIONS PTY LIMITED
NSD 1503 of 2008
MOORE J
24 JUNE 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1503 OF 2008
BETWEEN: PAUL HOGAN
Appellant
AND: AUSTRALIAN CRIME COMMISSION
First Respondent
THE CHIEF EXECUTIVE OFFICER OF THE AUSTRALIAN CRIME COMMISSION
Second Respondent
NATIONWIDE NEWS PTY LIMITED AND JOHN FAIRFAX PUBLICATIONS PTY LIMITED
Interveners
JUDGE: MOORE J
DATE OF ORDER: 24 JUNE 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Order 4 made by his Honour Foster J on 12 September 2008 is vacated. 2. Order 1 made by Emmett J on 29 August 2008 insofar as that order vacates Order 4 made by Emmett J on 1 August 2008 be stayed: (a) In the first instance for 21 days; and (b) If an application for special leave to appeal to the High Court of Australia is filed by the Appellant within that period, then until further order of the High Court of Australia. 3. That orders 2 and 3 made by the Full Court on 19 June 2009 be stayed (with the intention that Order 1 made by Emmett J on 29 August 2008 insofar as that order vacates Order 4 made by Emmett J on 21 August 2008 be stayed) (a) In the first instance for 21 days; and (b) If an application for special leave to appeal to the High Court of Australia is filed by the Appellant within that period, then until further order of the High Court of Australia. 4. The costs of this application be the interveners' costs in the cause of the application for special leave. THE COURT NOTES: 1. The undertaking by the appellant to make application for expedition for the hearing of an application for special leave.
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