Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Taylor v MDA National Insurance Pty Ltd [2015] FCA 20 Citation: Taylor v MDA National Insurance Pty Ltd [2015] FCA 20
Parties: ROBERT TAYLOR v MDA NATIONAL INSURANCE PTY LTD (ACN 058 271 417)
File number(s): NSD 54 of 2015
Judge(s): GREENWOOD J
Date of judgment: 23 January 2015
Catchwords: PRACTICE AND PROCEDURE – consideration of an application for an urgent interim injunction
Legislation: Insurance Contracts Act 1984 (Cth)
Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 - cited Samsung Electronics Co Ltd v Apple Inc (2011) 217 FCR 238 - cited
Date of hearing: 23 January 2015
Date of last submissions: 23 January 2015
Place: Sydney by video-link to Brisbane
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 47
Solicitor for the Applicant: Mr Y Hazan, Hazan Hollander
Counsel for the Respondent: Mr K Andronos SC
Solicitor for the Respondent: Hicksons Lawyers
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 54 of 2015
BETWEEN: ROBERT TAYLOR
Applicant
AND: MDA NATIONAL INSURANCE PTY LTD (ACN 058 271 417)
Respondent
JUDGE: GREENWOOD J DATE OF ORDER: 23 JANUARY 2015 WHERE MADE: SYDNEY BY VIDEO-LINK TO BRISBANE
UPON the applicant by his advocate giving the usual undertaking as to damages,
THE COURT ORDERS THAT:
1. The respondent be restrained from cancelling the contract of insurance between the applicant as insured and the respondent as insurer being policy number 369442/01072014/v.10, until 4.00pm AEDT on Friday, 30 January 2015, and the contract of insurance is to remain in full force and effect according to its terms until that time. AND THE COURT FURTHER ORDERS THAT: 2. The interlocutory application be re-listed for hearing on Friday, 30 January 2015 for determination as to whether or not the duration of Order 1 ought to be extended. 3. The applicant file any further affidavits in support of his application for interlocutory relief by 4.00pm on Tuesday, 27 January 2015. 4. The respondent file any affidavits in response to the applicant's application for interlocutory relief by 4.00pm on Thursday, 29 January 2015. 5. Costs reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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