Australian Automotive Repairers Association (Political Action Committee) Inc v Insurance Australia Ltd [2004] FCAFC 325

FEDERAL COURT OF AUSTRALIA

Australian Automotive Repairers Association (Political Action Committee) Inc v Insurance Australia Ltd [2004] FCAFC 325 AUSTRALIAN AUTOMOTIVE REPAIRERS ASSOCIATION (POLITICAL ACTION COMMITTEE) INC v INSURANCE AUSTRALIA LTD NSD 964 of 2004 NICHOLSON, NORTH & ALLSOP JJ 8 DECEMBER 2004 PERTH (BY VIDEOLINK TO MELBOURNE AND SYDNEY)

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 964 of 2004

BETWEEN: AUSTRALIAN AUTOMOTIVE REPAIRERS ASSOCIATION (POLITICAL ACTION COMMITTEE) INC

APPELLANT

AND: INSURANCE AUSTRALIA LTD

RESPONDENT

JUDGES: NICHOLSON, NORTH & ALLSOP JJ

DATE OF ORDER: 8 DECEMBER 2004

WHERE MADE: PERTH (BY VIDEOLINK TO MELBOURNE AND SYDNEY)

THE COURT ORDERS THAT: 1. Subject to the balance of these orders, grant leave to the appellant to file an amended notice of appeal in a form substantially as annexed to the notice of motion filed on 2 December 2004.

2. The leave in order 1 is expressly without prejudice to the respondent arguing in due course that leave to appeal in whole or in part is required by the appellant.

3. Order that the appellant pay one half of the costs of the appeal to date to the extent that there are not orders for costs already outstanding, in any event.

4. Grant leave for the respondent to tax the order for costs in order 3 and any other existing orders for costs forthwith.

5. Conditional upon the respondent proceeding with the taxation for the order for costs in order 3 above with expedition the appeal be stayed pending the payment of any such costs of the appeal pursuant to order 3.

6. The application for the order for costs made by the primary judge to be stayed be dismissed.

7. The balance of the costs of the appeal to date including the question as to the level of any such costs, including the level of costs the subject of order 3 be reserved.