NSW Caselaw
New South Wales Court of Appeal
CITATION: Allianz Australia Insurance Ltd v Ward [2009] NSWCA 264
HEARING DATE(S): 22 July 2009
JUDGMENT DATE: 24 July 2009
JUDGMENT OF: Young JA
DECISION: Dismiss motion for stay with costs. However to allow time for appeal extend existing stay to 5pm on 3 August 2009 on conditions.
CATCHWORDS: APPEAL - practice and procedure- judgments and orders- powers of Court of Appeal to grant interlocutory injunction in aid of appeal- proper approach- relevant considerations.
LEGISLATION CITED: Motor Accidents Compensation Act 1999, ss 94(5), 94(6), 95(2)
Allianz Australia Insurance Limited v Crazzi [2006] NSWSC 1090; 68 NSWLR 266 Ansett Transport Industries Ltd v Minister for Aviation (1987) 72 ALR 469 Craig v The State of South Australia [1995] HCA 58; 184 CLR 163 Farquharson v Morgan [1894] 1 QB 552 Forster v Forster (1863) 4 B & S 187; 122 ER 430 CASES CITED: Jadwan Pty Ltd v Secretary, Department of Health and Aged Care [2003] FCAFC 288; 145 FCR 1 Minister for Immigration and Multicultural Affairs v Bhardwaj [2002] HCA 11; 209 CLR 597 Re Minister for Immigration and Multicultural Affairs; Ex parte Miah [2001] HCA 22; 206 CLR 57 Solution 6 Holdings Ltd v Industrial Relations Commission of New South Wales [2004] NSWCA 200; 60 NSWLR 558 The King v Commonwealth Court of Conciliation and Arbitration; Ex parte Ozone Threatres (Aust) Ltd [1949] HCA 33; 78 CLR 389 The Queen v Australian Stevedoring Industry Board; Ex parte Melbourne Stevedoring Company Proprietary Limited [1953] HCA 22; 88 CLR 100
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