Grollo v Bates

[1994] FCA 166

IN THE FEDERAL COURT OF AUSTRALIA	)
VICTORIA DISTRICT REGISTRY	) NO. VG555 of 1993
GENERAL DIVISION	)

BETWEEN:  BRUNO GROLLO

Applicant

m:  KIMBERLEY ELIZABETH BATES

First Respondent

AND:  LINDA DESSAU

Second Respondent

AND :  PETER MACAULEY

Third Respondent

AND:  COMMONWEALTH OF AUSTRALIA

Fourth Respondent

VG6 of 1994

BETWEEN :  ROBERT CHARLES HOWARD

Applicant

AND:  KIMBEFUEY ELIZABETH BATES

First Respondent

m:  LINDA DESSAU

Second Respondent

AND:  - PETER MACAULEY

-.

Thud Respondent

AND :  COMMONWEALTH OF AUSTRALIA

Fourth Respondent

GORAM:	Jenkinson J.
M:	Melbourne

RECEIVED

mz!&:  15 March, 1994 . 12 APR 1994

REASONS FOR JUDGMENT

When an application for a stay of an order is made, there are open then to the parties alternative ways of solving the problem which it was sought to solve by the application for the stay. That is vividly illustrated by the course which Gray J. himself took. I do not pay any attention to the question as to whether before Gray J. the argument presented to me this afternoon was or was not presented, because it was an urgent, and no doubt hurried, and troubling application for counsel to argue in vacation. But the matter having come before a Full Court and the contempt point having been adumbrated in written submissions to that court, the possibility of having the fingerprints taken, and then kept as it were, no further use being made of them, is one of the whole series of possible outcomes, and it cannot, in my view be said that this question has not been agitated by the parties before a court, as it happens in this case a Full

i

Court. And again it cannot be said that there was not an

explain to the High Court the irremediable prejudices that	opportunity to agitate it before the High Court when trying to
might arise in various events. And in those circumstances - a Full Court and the High Court having had the matter drawn to their attention - I think it would be wrong for me to make the order sought, even so brief an injunction, as is contemplated
until next Monday, and accordingly, in each czse the motion is dismissed.

I certify that this and the 2

preceding pages are a true copy of the Reasons for Judgment of the Honourable Mr. Justice Jenklnson.

Dated: 15 March, 1994