Malone v B & M Aboriginal Corporation (in Administration) [2024] FCA 270

Federal Court of Australia

Malone v B &M Aboriginal Corporation (in Administration) [2024] FCA 270 Appeal from: Application for Stay of Orders: QGC Pty Limited v Alberts (No 5) [2024] FCA 139

File number: QUD 143 of 2024

Judgment of: LOGAN J

Date of judgment: 18 March 2024

Catchwords: PRACTICE AND PROCEDURE – where the applicants seek a stay of the orders of the primary judge pending the determination of an application for leave to appeal and, thereafter, an appeal – where the controversy involves monies paid into Court relating to an Indigenous Land Use Agreement (ILUA) – where the primary judge made orders directing the payment of the monies to an interested party – where there is a dispute concerning the application of the terms of the ILUA and whether the intended recipient of the funds is so entitled – where the intended recipient is in administration and a significant portion of the funds would be imminently consumed by the administrator's costs – whether the balance of convenience favoured a stay of the orders of the primary judge – stay granted

Legislation: Corporations Act 2001 (Cth) s 439A Native Title Act 1993 (Cth) s 85A

Cases cited: Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 Conlon v QGC Pty Limited (No 2) (2017) 359 ALR 460 QGC Ltd v Alberts [2020] FCA 1869 QGC Ltd v Alberts (No 2) [2021] FCA 540 QGC Ltd v Alberts (No 3) (2022) 404 ALR 493 QGC Ltd v Alberts (No 4) [2022] FCA 1590 QGC Pty Limited v Alberts (No 5) [2024] FCA 139 Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth (No 2) (2010) 88 IPR 633 TCN Channel 9 Pty Ltd v Antoniadis (No 2) (1999) 48 NSWLR 381 Woolworths Limited v Strong (No 2) (2011) 80 NSWLR 445