Narain, A.L. v Director of Public Prosecutions & Ors [1987] FCA 104

Narain, A.L. v Director of Public Prosecutions & Ors [1987] FCA 104

The Court held it has no jurisdiction as an appellate Court to make an order for a stay of proceedings in the present circumstances, and would not have exercised any such jurisdiction even if it were available.

Jurisdiction
Australia
Judgment Date
09 February 1987
Procedural Posture
Appeal / Supplementary Reasons Following Delivery of Orders of the Full Court; Application for Stay Pending Appeal
Outcome
Application for stay dismissed
Legal Topics
['stay of Proceedings' 'jurisdiction of Appellate Court' 'procedure Following Delivery of Judgment']
[] ['stay of Proceedings' 'jurisdiction of Appellate Court' 'procedure Following Delivery of Judgment']

Case Brief

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Procedural Posture

Appeal / Supplementary Reasons Following Delivery of Orders of the Full Court; Application for Stay Pending Appeal

Legal Issues

  1. 1 ['Whether the Court had jurisdiction to grant a stay of proceedings pending potential appeal to the High Court' 'Whether a stay should be granted on the facts of the case']

Ratio Decidendi

The Court held it has no jurisdiction as an appellate Court to make an order for a stay of proceedings in the present circumstances, and would not have exercised any such jurisdiction even if it were available.

Court Disposition

Application for stay dismissed

Orders

  • ['Application for a stay of proceedings dismissed' 'No further order made']