RE BPTC LTD (IN LIQUIDATION) [1992] NSWCA 27

RE BPTC LTD (IN LIQUIDATION) SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KIRBY P 8 August 1992, 8 August 1992 [1992] NSWCA 27

PRACTICE and PROCEDURE — reference of proceedings to Court of Appeal — application for stay of orders for production of documents and examination of company officers pending decision of Court in proceedings raising related point — stay granted for period — proceedings otherwise returned to Equity Division.

PRACTICE and PROCEDURE — Court of Appeal — pending judgment on summons for leave to appeal — point affects parties to proceedings in Equity Division of Supreme Court — Judge of that Division (McLelland J) refers entire proceedings to the Court of Appeal for the provision, if appropriate, of a stay — held: (by Kirby P): A stay of orders for production of documents and for examination of company officers should be ordered until the judgment is handed down in the earlier Court of Appeal proceedings or a fixed future date, whichever is earlier.

Kirby P These proceedings are before the Court pursuant to a reference made byMcLelland J on 7 August 1992. His Honour made an order under Pt12 R2 SCR referring the whole of certain proceedings before him to the Court of Appeal. He did so after discussions with me, it seeming convenient to his Honour, and to this Court, that the whole of the proceedings should be before the Court for the purpose of consideration of the application now to be determined.

The proceedings are complex. I will not pause to explain them in any detail. The purpose of the reference is so that this Court can consider whether, in the exercise of its powers, it ought to grant relief in respect of two pending proceedings which affect the parties. I am dealing with the matter for the Court pursuant to the powers conferred on me by s46 of the Supreme Court Act 1970.