Marr, G.N. v Australian Telecommunications Corporation & Ors [1995] FCA 391

Marr, G.N. v Australian Telecommunications Corporation & Ors [1995] FCA 391

The elapsed time since the costs order made on 23 December 1991 and the respondents' inactivity in enforcing it provided sufficient ground to permanently stay proceedings pursuant to that costs order.

Jurisdiction
Australia
Judgment Date
27 April 1995
Procedural Posture
Motion Seeking a Permanent Stay of an Order for Costs / Reasons for Judgment
Outcome
Motion granted.
Legal Topics
['permanent Stay' 'costs Order' 'enforcement of Costs' 'federal Court Jurisdiction']
['civil Procedure'] ['permanent Stay' 'costs Order' 'enforcement of Costs' 'federal Court Jurisdiction']

Case Brief

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Procedural Posture

Motion Seeking a Permanent Stay of an Order for Costs / Reasons for Judgment

Legal Issues

  1. 1 ['Whether the Court had jurisdiction and power to permanently stay the costs order made on 23 December 1991.' "Whether the time elapsed since the costs order and the respondents' inactivity in enforcing it justified a permanent stay."]

Ratio Decidendi

The elapsed time since the costs order made on 23 December 1991 and the respondents' inactivity in enforcing it provided sufficient ground to permanently stay proceedings pursuant to that costs order.

Court Disposition

Motion granted.

Orders

  • ['The proceedings pursuant to the order for costs made on 23 December 1991 be stayed permanently.' 'The respondents pay the costs of Mr Marr of this motion, if any, including any reserved costs.']