Federal Court of Australia
Federal Court of Australia
WSP Structures Pty Ltd v Liberty Mutual Insurance Company t/as Liberty Specialty Markets (Stay Application) [2023] FCA 1617 File number: NSD 212 of 2022
Judgment of: COLVIN J
Date of judgment: 15 December 2023
Catchwords: PRACTICE AND PROCEDURE - application for stay of orders pending outcome of appeal - where respondents liable to indemnify the applicant - where orders require payment of indemnified amounts - where applicant has requested second and third respondents to make ordered payment to its parent company - where parent company prepared to give undertaking that it will repay amounts if the appeal is successful - where applicant's parent company has substantial financial assets - consideration of relevant stay application principles - granted stay only until applicant's parent company files and serves undertaking
Legislation: Insurance Contracts Act 1984 (Cth)
Cases cited: Eastland Technology Australia Pty Ltd v Whisson [2003] WASCA 307; (2003) 28 WAR 308 Federal Commissioner of Taxation v Myer Emporium Ltd (1986) 160 CLR 220 In-N-Out Burgers, Inc v Hashtag Burgers Pty Ltd (No 2) [2020] FCA 772 WSP Structures Pty Ltd v Liberty Mutual Insurance Company t/as Liberty Special Markets [2023] FCA 1157
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
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