Federal Court of Australia
Federal Court of Australia
XL Insurance Company SE, trading as Brooklyn Underwriting v Kerembla Pty Ltd [2023] FCA 1038 File number: NSD 768 of 2023
Judgment of: LEE J
Date of judgment: 22 August 2023
Date of publication of reasons: 30 August 2023
Catchwords: PRACTICE AND PROCEDURE – interlocutory application to stay orders pending an appeal – where applicant seeks stay of declaratory orders – distinction between declaratory and executory orders – where ordinary position is that Court will not stay a declaratory order – no reason to depart from ordinary position – application dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) s 29
Cases cited: Arnhem Land Aboriginal Land Trust v Northern Territory [2007] FCAFC 31; (2007) 157 FCR 255 Bunnings Forest Products Pty Ltd v Bullen (1994) 54 FCR 342 Kerembla Pty Ltd v XL Insurance Company SE, trading as Brooklyn Underwriting [2023] FCA 769 Macks v Viscariello [2017] SASCFC 172; (2017) 328 FLR 115 Smolarek v McMaster [2006] WASCA 216 Stellar Call Centres Pty Ltd v Community & Public Sector Union [1999] FCA 1236
Lord Woolf and Woolf J, Zamir & Woolf: The Declaratory Judgment (Sweet & Maxwell, 4th ed, 2001)
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 11
Date of hearing: 22 August 2023
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