Adams, R.E. v Anthony Bryant & Company Pty Ltd [1987] FCA 302

Adams, R.E. v Anthony Bryant & Company Pty Ltd [1987] FCA 302

Absent evidence of special circumstances or hardship, and in the absence of any material justifying a stay, the applications for a stay of proceedings pending appeal must be dismissed. The proper course for protecting any refund to successful appellants is to direct the Registrar to invest the fines paid in authorized securities pending determination of the appeals.

Parties
Prosecutor: Ronald Edward Adams; Defendant: Anthony Bryant & Co Pty Ltd; Defendant: Venn Charles Williams; Defendant: Brian Ahearne
Jurisdiction
Australia
Judgment Date
15 May 1987
Procedural Posture
Criminal / Application for Stay of Proceedings Pending Appeal and Related Directions Following Conviction and Sentencing
Outcome
Applications for stay of proceedings dismissed; directions given regarding investment of fines; costs and return of exhibits ordered.
Legal Topics
Stay of Proceedings, Fines, Appeal Procedures, Investment of Fines, Costs
Criminal Law Stay of Proceedings Fines Appeal Procedures Investment of Fines Costs

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Parties

Ronald Edward Adams

Prosecutor

Anthony Bryant & Co Pty Ltd

Defendant

Venn Charles Williams

Defendant

Brian Ahearne

Defendant

Procedural Posture

Criminal / Application for Stay of Proceedings Pending Appeal and Related Directions Following Conviction and Sentencing

Legal Issues

  1. 1 Whether a stay of proceedings pending appeal should be granted after imposition of fines following pleas of guilty

Ratio Decidendi

Absent evidence of special circumstances or hardship, and in the absence of any material justifying a stay, the applications for a stay of proceedings pending appeal must be dismissed. The proper course for protecting any refund to successful appellants is to direct the Registrar to invest the fines paid in authorized securities pending determination of the appeals.

Court Disposition

Applications for stay of proceedings dismissed; directions given regarding investment of fines; costs and return of exhibits ordered.

Orders

  • Application for stay of proceedings in each matter dismissed.
  • Applicants to the notices of motion to pay the respondent's costs of the notices of motion.