Collins v AMP Superannuation Ltd [2000] FCA 502

On the information before the Court, a stay of proceedings would serve no useful purpose, and there is nothing to stay; therefore, the application for a stay is declined.

Jurisdiction: Australia
Judgment Date: 11 April 2000
Procedural Posture: Application for Stay of Proceedings / Decision on Application
Outcome: application for stay declined; costs ordered against applicant
Legal Topics: ['stay of Proceedings' 'family Provision Act' 'superannuation Benefits Distribution']

['superannuation' 'family Provision'] ['stay of Proceedings' 'family Provision Act' 'superannuation Benefits Distribution']

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Procedural Posture

Application for Stay of Proceedings / Decision on Application

Legal Issues

1 ["Whether a stay of proceedings should be granted pending appeal against Finn J's decision" 'Whether current proceedings are appropriate for extension of time under the Family Provision Act' 'Whether the applicants have a competent claim under Family Provision Act after lapse of time']

Ratio Decidendi

On the information before the Court, a stay of proceedings would serve no useful purpose, and there is nothing to stay; therefore, the application for a stay is declined.

Court Disposition

application for stay declined; costs ordered against applicant

Orders

['The application for a stay of proceedings is declined.' 'The applicant pay the respondents costs of and incidental to this application.']