Australian Automotive Repairers' Association (Political Action Committee) Inc v Insurance Australia Limited [2005] FCA 1021

FEDERAL COURT OF AUSTRALIA

Australian Automotive Repairers' Association (Political Action Committee) Inc v Insurance Australia Limited [2005] FCA 1021 Australian Automotive Repairers' Association (Political Action Committee) Inc v Insurance Australia Limited NSD 964 of 2004 allsop j 22 JULY 2005 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 LIMITED

RESPONDENT

JUDGE: ALLSOP J

DATE OF ORDER: 22 JULY 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Subject to and conditional upon the payment to the respondent, through its solicitors Blake Dawson Waldron, on or before 5.00 pm, 5 August 2005 of the sum of $22,300, being the taxed costs ordered by the Full Court to be paid by order 3 made on 8 December 2004 (that is, being the one half of the costs being referred to in that order), Panel Beaters Australia Inc (PBA) be joined as an appellant to the appeal. 1. That joinder is without prejudice to any argument of the respondent as to the inutility of the joinder or of the effect or lack thereof of any purported assignment under an undated agreement between the appellant (in liquidation) and PBA, such agreement being annexure "RM2" to the affidavit of Robert Montagnino sworn 21 June 2005. 1. Should PBA become a party to this appeal pursuant to orders 1 and 2, PBA provide security for the costs of the respondent in the sum of $50,000 by bank cheque payable to the respondent to be held in trust by the respondent's solicitor, Blake Dawson Waldron, pending further order or agreement for its release by 5.00 pm, Friday, 19 August 2005. 1. Until such security be paid the appeal be and remain stayed.