Federal Court of Australia
Federal Court of Australia
Siemens WLL v BIC Contracting LLC (Stay Extension) [2024] FCA 2 File number: NSD 1152 of 2021
Judgment of: LEE J
Date of judgment: 5 January 2024
Catchwords: PRACTICE AND PROCEDURE – application to extend stay of orders setting aside garnishee order – where debt the subject of garnishee order located in England – where applicants seek further time to consider merits of any appeal and enforcement options – consideration of relevant principles – risk of commercial harm – where application amounts to seeking further indulgence from the Court – where no undertaking to damages proffered by the applicants – application granted subject to conditions
Legislation: Federal Court Rules 2011 (Cth) rr 1.61(5), 35.13
Cases cited: In-N-Out Burgers, Inc v Hashtag Burgers Pty Ltd (No 2) [2020] FCA 772 Red Bull Australia Pty Limited v Sydneywide Distributors Pty Limited t/as Sydneywide Bottlers Australia [2001] FCA 1750 Siemens WLL v BIC Contracting LLC (garnishee order) [2023] FCA 1664 Siemens WLL v BIC Contracting LLC (stay) [2023] FCA 1669 Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth (No 2) [2010] FCA 1212; (2010) 88 IPR 633
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Commercial Arbitration
Number of paragraphs: 37
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