Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Astra Resources PLC v Australian Securities and Investments Commission [2016] FCA 8 File number: SAD 370 of 2015
Judge: BESANKO J
Date of judgment: 22 January 2016
Catchwords: PRACTICE AND PROCEDURE – application for a stay of an appeal until all claims at first instance were determined – where the continuation of the appeal would have fragmented the proceeding and increased costs – where the hearing of the appeal was likely to involve the examination of factual matters which the primary judge was also required to consider in the first instance proceeding. Held: Application granted.
Legislation: Corporations Act 2001 (Cth) s 206E
Cases cited: Australian Securities and Investments Commission v Astra Resources PLC [2015] FCA 759
Date of hearing: 10 December 2015
Registry: South Australia
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 14
Counsel for the First Appellant: Mr I Thomas
Solicitor for the First Appellant: Maddocks Lawyers
Counsel for the Second and Third Appellants: Mr P McQuade QC with Mr D Thomae
Solicitor for the Second and Third Appellants: Arrow Law
Counsel for the Respondent: Ms G Walker
Solicitor for the Respondent: Australian Securities and Investments Commission
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