IMMER NO 145 PTY LIMITED V. THE UNITING CHURCH IN AUSTRALIA PROPERTY TRUST (NSW)

'

IN THE HIGH RT OF AUSTRALIA

Office of the Registry Sydney No $139 of 1991

Between —

IMMER NO 145 PTY LIMITED Applicant

and

THE UNITING CHURCH IN AUSTRALIA PROPERTY TRUST (NSW)

Respondent

Application for a stay

MASON CJ (In Chambers)

TRANSCRIPT OF PROCEEDINGS AT_ SYDNEY ON FRIDAY, 24 APRIL 1992, AT 10.16 AM

Copyright in the High Court of Australia

Immer (2) 1 24/4/92

MR_D.P. ROBINSON: If Your Honour pleases, I appear for the appellant. (instructed by Baker & McKenzie)

MR_B.W. RAYMENT: May it please Your Honour, I appear with my learned friend, MR K.P. SMARK, for the respondent. (instructed by Clayton Utz)

MR ROBINSON: Your Honour, this is an application for a stay of the Court of Appeal's orders pending the determination by the High Court of this appeal. There is an application on before you, there are two affidavits on both sides and I seek to file a third in Court this morning, but it may not be necessary for Your Honour to deliberate on the matter. Pending some further instructions, we may be able to come to an arrangement between ourselves.

HIS HONOUR: About what?

MR ROBINSON: About a stay in the event that the appellant takes the first available date and there may be a debate about the appellant's ability and his willingness to give security for costs of the appeal.

HIS HONOUR: Yes. I should not have thought that my time ought to be taken up with a debate about a permanent stay and security for costs of the appeal. I would have thought that if the parties displayed some common sense they ought to be able to arrive at some accommodation in relation to that. I am astonished to think that the parties should think that I would give serious consideration to some of the suggestions that are made in the affidavits that have been placed before me.

So in the discussions you have, you might bear