Hillier v Martin (No 6) [2021] FCA 1009

Hillier v Martin (No 6) [2021] FCA 1009

With the application for leave to appeal dismissed, the stay imposed on the production order has served its purpose and there is no proper basis for its continuation. The first respondent (Mrs Martin) does not oppose the lifting of the stay and is obliged to comply with the production order. The submissions of the second respondent do not warrant the continuation of the stay.

Jurisdiction
Australia
Judgment Date
24 August 2021
Procedural Posture
Practice and Procedure / Interlocutory Application to Lift Stay on Production Order
Outcome
Stay on production order lifted; time for compliance with production order varied
Legal Topics
['orders for Discovery' 'production of Documents' 'stay of Orders' 'revocation of Stay' "director's Right of Access to Company Records"]
['practice and Procedure' 'corporations Law'] ['orders for Discovery' 'production of Documents' 'stay of Orders' 'revocation of Stay' "director's Right of Access to Company Records"]

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Procedural Posture

Practice and Procedure / Interlocutory Application to Lift Stay on Production Order

Legal Issues

  1. 1 ['Whether the stay of the production order should be revoked following dismissal of leave to appeal' 'Whether the stay continues to serve a purpose once leave to appeal is dismissed' 'Whether procedural fairness or insufficiency of pleadings requires continuation of the stay']

Ratio Decidendi

With the application for leave to appeal dismissed, the stay imposed on the production order has served its purpose and there is no proper basis for its continuation. The first respondent (Mrs Martin) does not oppose the lifting of the stay and is obliged to comply with the production order. The submissions of the second respondent do not warrant the continuation of the stay.

Court Disposition

Stay on production order lifted; time for compliance with production order varied

Orders

  • ['The stay imposed by the order in paragraph 7 of the orders made on 12 July 2021 in proceedings SAD137/2021 (as varied on 15 July 2021) is lifted.' "The order in paragraph 5 of the orders made on 25 June 2021 be varied so as to substitute the words 'on or before 12 July 2021' with the words 'at or before 4.30 pm on...