FAMILY COURT OF AUSTRALIA
| REICHSTEIN & REICHSTEIN | [2007] FamCA 365 |
| APPEAL – STAY APPLICATION - Pending Application for Special Leave to Appeal to the High Court – Grounds of appeal directed to the re-exercise of discretion by the Full Court - No matter of public policy or important question of law arising - No issue relevant to the administration of justice –– No substantial prospect of success - Whether a stay was necessary to preserve the subject matter of the litigation – Balance of convenience – Wife’s entitlement to fruits of litigation - Application dismissed – Costs |
| Federal Commissioner of Taxation v The Myer Emporium Ltd [No.1] (1986) 160 CLR 220 Alexander v Cambridge Credit Corporation (1985) 2 NSWLR 685 Jennings Constructions Ltd v Burgundy Royale Investments Pty Ltd (1986) 161 CLR 681 |
Family Law Act 1975 (Cth) ss 79, 117
Judiciary Act 1903 (Cth) s 35A
| APPELLANT HUSBAND: | REICHSTEIN |
| RESPONDENT WIFE: | REICHSTEIN |
| FILE NUMBER: | ADF | 908 | of | 2004 |
| APPEAL NUMBER: | SA | 15 | of | 2006 |
| DATE DELIVERED: | 29 January 2007 |
| PLACE DELIVERED: | Melbourne |
| JUDGMENT OF: | Bryant CJ Kay J Boland J |
| HEARING DATE: | 29 January 2007 |
| COURT JURISDICTION SUBJECT TO APPLICATION: | Full Court Family Court of Australia |
| COURT JUDGMENT DATE: | 29 November 2006 |
| LOWER COURT MNC: | [2006] FamCA 1422 |
REPRESENTATION
| COUNSEL FOR THE APPELLANT: | In person |
| COUNSEL FOR THE RESPONDENT: | Mr Berman |
| SOLICITOR FOR THE RESPONDENT: | Adey Lawyers |
Orders
IT IS ORDERED:-
That the Husband's Application for a Stay of paragraphs 6.1.1 and 6.2 of the Order of this Honourable Court made on 29 November 2006, filed on 16 January 2007, be dismissed.
That the Husband pay the Wife's costs in the sum of $1,200 within one month.
IT IS NOTED IN CONNECTION WITH THESE ORDERS that the judgment of the Full Court delivered this day will for all publication and reporting purposes be referred to as Reichstein v Reichstein.
| FAMILY COURT OF AUSTRALIA AT MELBOURNE |
Appeal Number: SA 15 of 2006
File Number: ADF 908 of 2004
| REICHSTEIN |
Appellant Husband
And
| REICHSTEIN |
Respondent Wife
REASONS FOR JUDGMENT
BRYANT CJ:
This is an application by [Mr] Reichstein, the husband, filed on 16 January 2007 in which he seeks to stay on terms orders made by the Full Court on 29 November 2006 pending an application for special leave to the High Court of Australia. The husband's application is supported by an affidavit sworn by him on 16 January 2007, annexed to his affidavit is a copy of his application for special leave to which I will return. The application is opposed by the wife.
The proceedings before the Full Court arose out of an appeal by the husband against orders made by Morgan J on 15 February 2006, as amended under the slip rule by Mushin J on 6 March 2006, in proceedings between husband and wife for property settlement under section 79 of the Family Law Act 1975 (Cth).
The orders made on 6 March 2006 required the husband to pay to the wife the sum of…
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CaseChat Overview and Summary
The primary legal issue before the Full Court was whether the Husband had established sufficient grounds to warrant a stay of the previously made orders. This involved an assessment of the merits of the Husband's intended appeal and the potential prejudice to the parties should the stay be granted or refused.
The Court dismissed the Husband's application for a stay. While the specific reasons for this dismissal are not detailed in the provided text, the outcome indicates that the Husband failed to satisfy the necessary legal threshold for granting a stay pending appeal. The Court ordered the Husband to pay the Wife's costs in the sum of $1,200 within one month.
Orders
Orders of the court
IT IS ORDERED:-
1.
That the Husband's Application for a Stay of paragraphs 6.1.1 and 6.2 of the Order of this Honourable Court made on 29 November 2006, filed on 16 January 2007, be dismissed.
2.
That the Husband pay the Wife's costs in the sum of $1,200 within one month.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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