Firebird Global Master Fund II Ltd v Republic of Nauru (No 2) [2014] NSWCA 375

Firebird Global Master Fund II Ltd v Republic of Nauru (No 2) [2014] NSWCA 375

It is appropriate to grant a limited and conditional stay of the orders made, extending the stay pending determination of the special leave application to the High Court, given reasonable prospects of success on public interest grounds, necessity to protect the subject matter (funds held by Nauru with Westpac), and a manageable detriment to Nauru due to available funds.

Jurisdiction
Australia
Judgment Date
27 October 2014
Procedural Posture
Appeal / Application for Extension of Stay Pending Special Leave to High Court
Outcome
Limited and conditional extension of stay granted pending special leave application.
Legal Topics
['extension of Stay' 'garnishee Order' 'special Leave to Appeal' 'balance of Convenience' 'foreign States Immunities Act']
['practice and Procedure'] ['extension of Stay' 'garnishee Order' 'special Leave to Appeal' 'balance of Convenience' 'foreign States Immunities Act']

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Procedural Posture

Appeal / Application for Extension of Stay Pending Special Leave to High Court

Legal Issues

  1. 1 ['Whether to extend stay of orders pending special leave application to the High Court' 'Whether the stay is necessary to protect the subject matter of litigation' 'Whether the balance of convenience favours granting an extension of the stay']

Ratio Decidendi

It is appropriate to grant a limited and conditional stay of the orders made, extending the stay pending determination of the special leave application to the High Court, given reasonable prospects of success on public interest grounds, necessity to protect the subject matter (funds held by Nauru with Westpac), and a manageable detriment to Nauru due to available funds.

Court Disposition

Limited and conditional extension of stay granted pending special leave application.

Orders

  • ["Orders made conditional on Firebird's undertaking to pursue its application with expedition and acknowledge specified effects." 'Republic of Nauru allowed access to all funds except those in Schedule A accounts; Westpac relieved from obligations under garnishee order regarding other accounts.' 'Extended stay order...