Griffin v Pantzer [2004] FCAFC 133

Griffin v Pantzer [2004] FCAFC 133

The Court granted a short stay because delivery of the privileged documents to the trustee would at least partly destroy the subject matter of the proposed special leave application by arguably destroying the privilege or its efficacy, the issues underlying the proposed application involved matters of public importance, and undertakings by Mr Griffin and his solicitor to preserve the documents and pursue the application expeditiously sufficiently addressed the position pending approach to the High Court. The trustee's prejudice from delay and costs did not justify refusing a short stay.

Jurisdiction
Australia
Judgment Date
18 May 2004
Procedural Posture
Application for Stay Pending Application for Special Leave to the High Court / Full Court of the Federal Court on Appeal From a Single Judge, After Dismissal of the Appeal
Outcome
Stay granted until midnight on 10 June 2004; costs reserved.
Legal Topics
['stay Pending Special Leave' 'privilege Against Self Incrimination' 'public Examination' 'delivery Up of Documents']
['practice and Procedure' 'bankruptcy'] ['stay Pending Special Leave' 'privilege Against Self Incrimination' 'public Examination' 'delivery Up of Documents']

Case Brief

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Procedural Posture

Application for Stay Pending Application for Special Leave to the High Court / Full Court of the Federal Court on Appeal From a Single Judge, After Dismissal of the Appeal

Legal Issues

  1. 1 ['Whether Order 3 requiring delivery up of documents over which privilege was claimed should be stayed pending an application for special leave to the High Court.' 'Whether refusal of a stay would destroy, or partly destroy, the subject matter of the proposed special leave application.' 'Whether prejudice to the trustee in the management and conduct of the bankrupt estate outweighed the basis for a short stay.']

Ratio Decidendi

The Court granted a short stay because delivery of the privileged documents to the trustee would at least partly destroy the subject matter of the proposed special leave application by arguably destroying the privilege or its efficacy, the issues underlying the proposed application involved matters of public importance, and undertakings by Mr Griffin and his solicitor to preserve the documents and pursue the application expeditiously sufficiently addressed the position pending approach to the High Court. The trustee's prejudice from delay and costs did not justify refusing a short stay.

Court Disposition

Stay granted until midnight on 10 June 2004; costs reserved.

Orders

  • ['Until midnight on 10 June 2004 Order 3 made by the Court on 23 June 2003 be stayed.' "The parties have liberty to apply on two days' notice." 'The parties have liberty to approach Allsop J, in the first instance, in respect of any matter concerning the stay including its variation, discharge or extension.' 'Costs...