NSW Caselaw
VENTURE INDUSTRIES PTY LIMITED v TRADE PRACTICES COMMISSION
SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL
SHELLER JA 17 March 1997
[1997] NSWCA 331
Sheller JA. This matter was referred by the Registrar to me. It is a notice of motion filed on behalf of Venture Industries Pty Limited, Harry Kioussis and Penelope Kioussis, seeking a stay of execution of a judgment given by Hunter J on 7 February 1997.
This application came before Powell JA on 24 February 1997. On that occasion the claimants were represented by Mr Jacobs of Queen's Counsel and Mr Aitken. On that occasion, as now, the opponent, Trade Practices Commission, was represented by Mr Faulkner and Mr Renehan.
On 24 February 1997 the application for stay was not in a position to proceed as the claimants had filed no evidence to support it. In reasons for judgment given on that day, Powell JA said:
In the light of the absence of any evidence to support a stay and of the suggestion that undertakings have, in the past, been of no value, I am not disposed at the moment to grant any stay whatsoever to the claimants.
After I had given a preliminary indication to that effect, Mr M S Jacobs QC who appears with Mr L J W Aitken for the claimants, sought to have the hearing of the motion adjourned in order that evidence might be put on to support the grant of the stay claimed.
Mr Faulkner did not oppose the grant of an adjournment so long as no stay is granted meantime. That being so" —
And his Honour then made a number of orders. The motion was stood over to today's date in the Registrar's list in the first instance. His Honour directed that on or before Monday, 3 March 1997 there be delivered to the Australian Government Solicitor at its Sydney office, copies of any affidavits intended to be relied upon by the claimants in support of the motion. There was then provision for the filing of affidavits on behalf of the opponent. His Honour ordered the claimants to pay the opponent's costs of that day in any event.
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