Oates, Anthony Gordon v The Honourable Daryl Williams QC in his Capacity as Attorney-General

[1998] FCA 804

FEDERAL COURT OF AUSTRALIA

JUDGMENTS AND ORDERS - application for stay of orders.

Companies (Western Australia) Code

ANTONY GORDON OATES v THE HONOURABLE DARYL WILLIAMS In His Capacity As The Attorney-General Of The Commonwealth Of Australia and SENATOR THE HONOURABLE AMANDA VANSTONE In Her Capacity As The Minister For Justice For The Commonwealth Of Australia

WG 37 OF 1998

FOSTER, VON DOUSSA and FINKELSTEIN JJ

7 JULY 1998

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY		WG 37 of 1998
BETWEEN:	ANTONY GORDON OATES Appellant
AND:	THE HONOURABLE DARYL WILLIAMS In His Capacity As The Attorney-General Of The Commonwealth Of Australia AND SENATOR THE HONOURABLE AMANDA VANSTONE In Her Capacity As The Minister For Justice For The Commonwealth Of Australia Respondents

JUDGES:	FOSTER, VON DOUSSA and FINKELSTEIN JJ
DATE OF ORDER:	7 JULY 1998
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

Upon the Commonwealth of Australia having undertaken that during the currency of the suspension of the orders made by the Full Court of the Federal Court of Australia on 6 July 1998, it will not, whether directly or indirectly, rely upon the complaints laid against the appellant on 12 January 1995 alleging contraventions of the Companies (Western Australia) Code in any application to extradite the appellant from Poland, except for the purpose of seeking an adjournment of that application; and upon the respondents having undertaken to make application forthwith for and thereafter with due diligence to prosecute special leave to the High Court of Australia to appeal from the said orders of the Full Court:

1. The Court suspends the coming into effect of the orders of the Full Court of the Federal Court of Australia dated 6 July 1998 until the commencement of the hearing for special leave to appeal in the High Court of Australia.

1. Costs are to follow the event of the proceedings in the High Court of Australia.

Note:   Settlement and entry of Orders are dealt with in Order 36 of the Federal Court Rules

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	WG 37 of 1998

BETWEEN:	ANTONY GORDON OATES Appellant
AND:	THE HONOURABLE DARYL WILLIAMS In His Capacity As The Attorney-General Of The Commonwealth Of Australia AND SENATOR THE HONOURABLE AMANDA VANSTONE In Her Capacity As The Minister For Justice For The Commonwealth Of Australia Respondents

JUDGES:	FOSTER, VON DOUSSA and FINKELESTEIN JJ
DATE:	7 JULY 1998
PLACE:	SYDNEY

REASONS FOR JUDGMENT

(Extempore)

This is a notice of motion brought by the respondents in these proceedings.  It seeks a stay of the orders that this Court made yesterday when disposing of the appeal.  It has been indicated to us that the orders are sought in the context of an application being made to the High Court of Australia for special leave to appeal against the orders that this Court made and that the orders sought today are sought in order to preserve the status quo pending the hearing of that application.

We have been much assisted by the careful arguments of counsel, to which we do not think it necessary to make specific reference.  We are persuaded that it is appropriate in this case that we grant a stay in limited terms and upon the condition that undertakings are given, which we consider will preserve the situation of all parties pending the application to be made to the High Court of Australia.

We consider that the stay that we grant should cease upon the commencement of the hearing of that application for special leave, with the result that if the respondents wish any further stay it will be incumbent upon them to make application in that regard at that time to the High Court. 

The stay that we grant is upon the following undertakings:

Firstly, upon the Commonwealth of Australia having undertaken that during the currency of the suspension of the orders made by the Full Court of the Federal Court of Australia on 6 July 1998, it will not, whether directly or indirectly, rely upon the complaints laid against the appellant on 12 January 1995 alleging contraventions of the Companies (Western Australia) Code, in any application to extradite the appellant from Poland, except for the purpose of seeking an adjournment of that application.

Secondly, upon the respondents having undertaken to make application forthwith for and thereafter with due diligence to prosecute special leave to the High Court of Australia to appeal from the orders made by this Court on 6 July 1998. 

Given these undertakings, we suspend the coming into effect of the said orders dated 6 July 1998 until the commencement of the hearing for special leave to appeal in the High Court of Australia.

We also order that the costs of this notice of motion follow the event of the proceedings in the High Court of Australia.

I certify that this and the preceding one (1) page are a true copy of the Reasons for Judgment herein of the Court.

Associate:

Dated:            7 July 1998

Counsel for the Appellant:	Mr G A Flick SC
Solicitor for the Appellant:	Michell Sillar
Counsel for the Respondents:	Mr G T Johnson
Solicitor for the Respondents:	Australian Government Solicitor
Date of Hearing:	7 July 1998
Date of Judgment:	7 July 1998