Chapman v Luminis Pty Ltd [2002] FCA 789 (19 June 2002)

Last Updated: 20 June 2002

FEDERAL COURT OF AUSTRALIA

Chapman v Luminis Pty Ltd [2002] FCA 789

THOMAS LINCOLN CHAPMAN, WENDY JENNIFER CHAPMAN, BINALONG PTY LIMITED (ACN 007 620 439) (RECEIVERS AND MANAGERS APPOINTED)

(IN LIQUIDATION) v

LUMINIS PTY LTD (ACN 008 027 085), DEANE JOANNE FERGIE, CHERYL ANNE SAUNDERS, ROBERT EDWARD TICKNER and COMMONWEALTH OF AUSTRALIA

S152 OF 2001

TAMBERLIN J

SYDNEY

19 JUNE 2002

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY	S152 OF 2001

BETWEEN:	THOMAS LINCOLN CHAPMAN WENDY JENNIFER CHAPMAN BINALONG PTY LIMITED (ACN 007 620 439) (RECEIVERS AND MANAGERS APPOINTED) (IN LIQUIDATION) APPELLANTS
AND:	LUMINIS PTY LTD (ACN 008 027 085) DEANE JOANNE FERGIE CHERYL ANNE SAUNDERS ROBERT EDWARD TICKNER and COMMONWEALTH OF AUSTRALIA RESPONDENTS
JUDGE:	TAMBERLIN J
DATE OF ORDER:	19 JUNE 2002
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

The stay in this matter is revoked and ceased to apply as and from 11 June 2002 when security satisfactory to the Registrar was provided

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY	S152 OF 2001

BETWEEN:	THOMAS LINCOLN CHAPMAN WENDY JENNIFER CHAPMAN BINALONG PTY LIMITED (ACN 007 620 439) (RECEIVERS AND MANAGERS APPOINTED) (IN LIQUIDATION) APPELLANTS
AND:	LUMINIS PTY LTD (ACN 008 027 085) DEANE JOANNE FERGIE CHERYL ANNE SAUNDERS ROBERT EDWARD TICKNER and COMMONWEALTH OF AUSTRALIA RESPONDENTS

JUDGE:	TAMBERLIN J
DATE:	19 JUNE 2002
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1 Having read submissions for the appellants and noting that the respondents do not propose to make any submissions in relation to the question of the lifting of the stay in this matter, I note that the security required was provided to the satisfaction of the Registrar and therefore I order that the stay of the appeal proceedings which came into effect on 30 May 2002, has ceased to apply and is revoked as from 11 June 2002.

2 The order of the Court therefore is that the stay in this matter is revoked and ceased to apply as and from 11 June 2002 when security satisfactory to the Registrar was provided.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Tamberlin.

Associate:

Dated: 19 June 2002

Solicitor for the Appellants:	Lynch Meyer
Solicitor for the Respondents:	Australian Government Solicitor
Date of final submissions:	18 June 2002
Date of Judgment:	19 June 2002