Avant Insurance Limited v Darshn [2021] FCA 1129

Federal Court of Australia

Avant Insurance Limited v Darshn [2021] FCA 1129 Appeal from: Darshn v Avant Insurance Limited [2021] FCA 232 Darshn v Avant Insurance Limited [2021] FCA 706 Darshn v Avant Insurance Limited (No 3) [2021] FCA 1035

File number: NSD 909 of 2021

Judgment of: YATES J

Date of judgment: 16 September 2021

Catchwords: PRACTICE AND PROCEDURE – appeal – interlocutory application for stay pursuant to s 29 of the Federal Court Australia Act 1976 (Cth) of orders made in the primary proceeding for the payment of money – where the primary judge found the appellant liable to indemnify the first respondent under a policy of insurance – where the primary judge found the appellant breached its duty to the first respondent of utmost good faith – where the appellant ordered to pay sums to the first respondent on account of Legal Defence Costs incurred in other proceedings and on account of costs in the primary proceeding – where the appellant at risk of recovering sums paid if appeal succeeds

Legislation: Federal Court of Australia Act 1976 (Cth) s 29 Insurance Contracts Act 1984 (Cth) s 40(3) Federal Court Rules 2011 (Cth) r 36.08

Cases cited: Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 Bryant v Commonwealth Bank of Australia [1996] HCA 3; 134 ALR 460 Federal Commissioner of Taxation v The Myer Emporium Limited (No 1) [1986] HCA 13; 160 CLR 220 He v Huang [2017] VSCA 102 Henderson v Amadio Pty Ltd (No 3) (1996) 65 FCR 66 Nichol v Discovery Africa Limited [2016] FCA 254 Steggles Limited v Yarrabee Chicken Company Pty Ltd (No 2) [2011] FCA 1097 Stirling Harbour Services Pty Ltd v Bunbury Port Authority (No 2) [2000] FCA 87