CSR LIMITED v CIGNA INSURANCE AUSTRALIA; CSR AMERICA INC v CIGNA INSURANCE AUSTRALIA [1995] NSWCA 108
Leave to appeal from the interlocutory injunctions is not timely as claimants may apply to have the injunctions extinguished or varied at first instance; summonses stood over for further consideration after Commercial Division hearing.
- Parties
- Claimant: CSR Limited; Claimant: CSR America Inc; Opponent: Cigna Insurance Australia
- Jurisdiction
- Australia
- Judgment Date
- 11 September 1995
- Procedural Posture
- Summons for Leave to Appeal / Application for Leave to Appeal From Interlocutory Anti Suit Injunctions
- Outcome
- Summonses stood over
- Legal Topics
- Anti Suit Injunctions, Forum Non Conveniens, Leave to Appeal
Case Brief
Summary, issues, holding and outcome
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Parties
CSR Limited
Claimant
CSR America Inc
Claimant
Cigna Insurance Australia
Opponent
Procedural Posture
Summons for Leave to Appeal / Application for Leave to Appeal From Interlocutory Anti Suit Injunctions
Legal Issues
- 1 Whether leave to appeal from anti-suit injunctions should be granted at this stage
- 2 Whether the claimants have alternative remedies before the trial judge
- 3 Whether there are arguable and important points for appeal
Ratio Decidendi
Leave to appeal from the interlocutory injunctions is not timely as claimants may apply to have the injunctions extinguished or varied at first instance; summonses stood over for further consideration after Commercial Division hearing.
Court Disposition
Summonses stood over
Orders
- The summonses are stood over to the last motion day in Term for mention and consideration of further orders.
- Costs of today are to be costs in the summonses.
Full Case Text
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