Federal Court of Australia
CATCHWORDS PRACTICE AND PROCEDURE - motion for stay - application for indemnity for legal expenses in Australian Capital Territory Supreme Court proceedings - applicant a medical practitioner - whether indemnity promised by respondent extends to the Supreme Court proceedings - whether stay should be granted pending determination of the Supreme Court proceedings. Medical Defence Union Ltd v. Department of Trade [1980] Ch 82 ARNOLD MANN v THE MEDICAL DEFENCE UNION LIMITED VG 131 of 1995 COURT: Sundberg J PLACE: Melbourne DATE: 24 July 1995
IN THE FEDERAL COURT OF AUSTRALIA ) VICTORIA DISTRICT REGISTRY ) No VG 131 of 1995 GENERAL DIVISION ) BETWEEN: ARNOLD MANN Applicant AND: THE MEDICAL DEFENCE UNION LIMITED Respondent COURT: Sundberg J DATE: 24 July 1995 PLACE: Melbourne MINUTES OF ORDER The Court orders that: 1. The Respondent's motion notice of which was dated 22 June 1995 be refused. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA ) VICTORIA DISTRICT REGISTRY ) No VG 131 of 1995 GENERAL DIVISION ) BETWEEN: ARNOLD MANN Applicant AND: THE MEDICAL DEFENCE UNION LIMITED Respondent COURT: Sundberg J DATE: 24 July 1995 PLACE: Melbourne REASONS FOR JUDGMENT SUNDBERG J: These reasons relate to a motion by the Respondent in the proceeding notice of which was given on 22 June 1995. The Applicant is a medical practitioner. He claims that at all material times he was a member of the Respondent ("MDU") which "held itself out as prepared to indemnify its members for legal costs and to pay claimants where the latter were successful in a manner essentially similar to but much more comprehensive than indemnity insurance provided by insurance companies through professional indemnity policies ...". The Applicant has been refused indemnity in relation to two proceedings in the Supreme Court of the Australian Capital Territory. The first, which began in 1990, was a proceeding for an injunction against the Territory Board of Health in which the
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