Narain, A.L. v Director of Public Prosecutions

[1987] FCA 104

IN THE FEDERAL, COURT OF AUSTRALIA 1

)

NEH SOUTH W E 3	DISTRICT	REGISTRY	)	No.G409 of 1986
1
GENERAL DIVISION	)

ON APPEAL from a single judge

of the Federal Court

of

Australia

BETWEEN:

AMRIT LAL NARAIN

Appellant

m:

DIRECTOR OF PUBLIC PROSECUTIONS

First Respondent

BRUCE ADAM CURRIE

Second Respondent

DAVID KITCHENER HYDE \

Third Respondent

AND BFIWEEN:

DIRECTOR OF PUBLIC PROSECUTIONS

First Cross-Appellant

BRUCE ADAM CURRIE

Second Cross-Appellant

m:

AMRIT LAL NARAIN

Cross-Respondent

CORAM: FOX, WILCOX AND JACKSON JJ.

m: 9 FEBRUARY 1987

SUPPLEMENTARY REASONS FOR JUDGMENT

(EX TEMPORE)

THE COURT:

In this case the reasons for judqment of the Full Court were delivered this morning and the orders of the Full Court were

made then. However, at that time Mr Ainsworth, counsel for the appellant, indicated that he might wish to make an application for a stay of proceedings pending an appeal, or while

consideration was given as to whether an appeal should be made to

the High Court. In these circumstances when the Registry was

approached later in the day members of the Court, being in

Sydney, thought it appropriate to reconvene and consider as a

Full Court the submissions made by Hr Ainsworth. Essentially,

his client wishes more time to consider with his legal advisors whether an appeal should be made to the High Court and for that

purpose he seeks a stay of proceedings of 21 days.

We are of the view that the Court does not have

jurisdiction as an appellate Court to make an order for a stay in

those circumstances, we add that on the facts of the case, and as

we understand what is in mind, it would not exercise any

jursidiction even if it were to be of the view that it had it. In these circumstances the present application which, is to now be found in a formal notice of motion filed a short whlle ago, is dismissed. That is the opinion of the Court. No further order

is made.

3 .

I certify that this and the

preceding two ( 2 ) pages are a

true copy of the Reasons for

Judgment-herein of the Court

Dated: 9 February 1987

Counsel for the Appellant/Cross Respondent: Mr M Ainsworth

Solicitors for the Appellant/Cross Respondent: Wrothwell G Wall, Esq.

Appearance for the Respondents/Cross Appellants: Mr R F Sutherland

Solicitors for the Respondents/Cross Appellants: Director of Public

Prosecutions

Date of hearing: 9 February 1987