YUILL v SPEDLEY SECURITIES LTD (IN LIQUIDATION) [1992] NSWCA 285

YUILL v SPEDLEY SECURITIES LTD (IN LIQUIDATION)

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KIRBY P, PRIESTLEY and MEAGHER JJA 6 July 1992, 6 July 1992

[1992] NSWCA 285

CRIMINAL LAW and PROCEDURE — stay of civil proceedings outstanding criminal proceedings — proper approach to application for stay following Halabi v Westpac Banking Corporation (1989) 17 NSWLR 26 (CA) — held: Leave to appeal from the discretionary refusal of Rolfe J to stay substantial civil proceedings concerning the claimant who faced outstanding criminal charges refused (a) (by the Court): Because the application had been made at first instance upon the footing that the trial judge should determine it applying the guidelines stated in McMahon v Gould (1982) 7 ACLR 202, 206 (SC) and he had proceeded to do so. Accordingly, no occasion arose to reconsider those principles; (b) (per Priestley JA): Those guidelines were appropriate; (c) (per Kirby P): The guidelines might one day require reconsideration but stated the present law in New South Wales. Philippine Airlines v (Gold) Australia Pty Ltd and Ors [1990] VR 385 (SCV) considered.

PRACTICE and PROCEDURE — stay of civil proceedings — outstanding criminal charges — proper approach to application to stay civil trial — held; Such applications should be determined by reference to the guidelines in McMahon v Gould (1982) 7 ACLR 202, 206 (SC). Halabi v Westpac Banking Corporation [1989] 17 NSWLR 26 (CA) applied.

LAW REFORM — criminal law and procedure — civil trial — stay of proper approach to — principles in McMahon v Gould (1982) 7 ACLR 202, 206 (SC) applied — reference by Kirby P (Priestley JA contra; Meagher JA expressing no view) to the possible need to reconsider the guidelines in the future.

Kirby Jrolfe J has declined to stay substantial civil proceedings concerning Mr Brian Yuill (the claimant). The claimant had sought a stay of those proceedings until certain apparently connected criminal proceedings brought against him are completed. The date of the trial of such criminal proceedings is uncertain. It was asserted for the claimant that it was probable that such proceedings would be heard early in 1993. However, this was disputed by Spedley Securities Ltd (In Liquidation) the contesting opponent. As the Court was informed, it is expected that, unless stayed, the hearing of civil proceedings now before Rolfe J will continue until about October 1992. Those proceedings will then await judgment by his Honour at or after that time.