Federal Court of Australia
Federal Court of Australia
Clover Corporation Limited v Tobias [2020] FCA 1244 File number(s): VID 1265 of 2019
Judgment of: O'BRYAN J
Date of judgment: 27 August 2020
Catchwords: PRACTICE AND PROCEDURE – application for stay of interlocutory orders pending determination of application for leave to appeal – whether sufficient reason for stay established – application dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) s 25(2) Federal Court Rules 2011 (Cth) r 36.08, Division 7.5
Cases cited: Alexander v Cambridge Credit Corporation Ltd (Receivers Appointed) (1985) 2 NSWLR 685 Exagym Pty Ltd v Professional Gymnasium Equipment Company Pty Ltd (No 2) [1994] 2 Qd R 129 Powerflex Services Pty Ltd v Data Access Corporation (1996) 67 FCR 65
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 42
Date of hearing: 27 August 2020
Counsel for the Applicants: Mr I P Horak with Ms L Davis
Solicitor for the Applicants: Piper Alderman
Counsel for the Second Respondent: Mr D Savage QC with Mr B Carew
Solicitor for the Second Respondent: McKean Park
ORDERS VID 1265 of 2019
BETWEEN: CLOVER CORPORATION LIMITED ABN 85 003 622 866 First Applicant
NU-MEGA INGREDIENTS PTY LTD Second Applicant
AND: PETER FREDERICK TOBIAS First Respondent
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