Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Jones v Civil Aviation Safety Authority [2011] FCA 1416 Citation: Jones v Civil Aviation Safety Authority [2011] FCA 1416
Appeal from: Jones v Civil Aviation Safety Authority [2011] FCA 632
Parties: MILTON STANLEY KNIGHT JONES v CIVIL AVIATION SAFETY AUTHORITY and HIS HONOUR MAGISTRATE DUNCAN REYNOLDS
File number: VID 639 of 2011
Judge: DODDS-STREETON J
Date of judgment: 9 December 2011
Catchwords: PRACTICE AND PROCEDURE — Application for stay pending application for special leave to appeal from judgment of a Full Court — Appellant's prospects of success in special leave application — Whether subject matter of application rendered nugatory if stay not granted – Duration of stay — Whether prejudice to respondent if short stay granted — Where balance of convenience lies
Legislation: Judiciary Act 1903 (Cth) s 35A
Cases cited: Carey-Hazell v Getz Bros & Co (Aust) Pty Ltd [2006] FCAFC 48 cited Commissioner, Australian Federal Police v Oke (2007) 159 FCR 441 cited Commissioner of Taxation v Multiflex Pty Ltd [2011] FCA 1316 cited Dunesky v Elder (1994) 54 FCR 540 cited Employment Services Australia Pty Ltd v Poniatowska [2010] FCA 1043 cited George v Fletcher (Trustee) (No 2) [2010] FCA 655 cited George v Rockett (1990) 170 CLR 104 cited Hogan v Australian Crime Commission [2009] FCA 761 cited Jennings Construction Limited v Burgundy Royale Investments Pty Ltd [No 1] (1986) 161 CLR 681 applied Jones v Civil Aviation Safety Authority [2011] FCAFC 157 cited Parras Holdings Pty Ltd v Commonwealth Bank of Australia [1999] FCA 644 cited Westpac Banking Corporation v Carver & Anor (2003) 126 FCR 113 applied
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