Malubel Pty Ltd & Anor v Elder, Wendy & Ors [1998] FCA 1417

Malubel Pty Ltd & Anor v Elder, Wendy & Ors [1998] FCA 1417

No exceptional circumstances have been demonstrated to justify a stay of proceedings; relief should only be granted where there is a threat of destruction of the subject matter or grave and irreparable damage, which is not the case here.

Jurisdiction
Australia
Judgment Date
29 October 1998
Procedural Posture
Application for Stay of Proceedings / Pending Application for Special Leave to Appeal to High Court of Australia
Outcome
application dismissed with costs
Legal Topics
['stay of Proceedings' 'application for Special Leave' 'search Warrant' 'civil Liberties']
['practice and Procedure'] ['stay of Proceedings' 'application for Special Leave' 'search Warrant' 'civil Liberties']

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Procedural Posture

Application for Stay of Proceedings / Pending Application for Special Leave to Appeal to High Court of Australia

Legal Issues

  1. 1 ['Should a stay of proceedings be granted pending an application for special leave to appeal to the High Court of Australia?' 'Are there exceptional circumstances justifying the stay of proceedings?']

Ratio Decidendi

No exceptional circumstances have been demonstrated to justify a stay of proceedings; relief should only be granted where there is a threat of destruction of the subject matter or grave and irreparable damage, which is not the case here.

Court Disposition

application dismissed with costs

Orders

  • ['The application is dismissed with costs.' 'The respondents are not to have access to the documents obtained by the warrant before 4pm on 3 November 1998.']