Dialog Pty Ltd v Addease Pty Ltd [2003] FCA 1434

Dialog Pty Ltd v Addease Pty Ltd [2003] FCA 1434

There is no basis to further stay paragraph 7 of the judgment because the bank guarantees do not cover the sum owed to the first cross-claimant. As for the sums in paragraphs 9 and 10, the application to further suspend enforcement was declined due to insufficient new supporting material, but the applicant may seek a stay on proper grounds in the future.

Jurisdiction
Australia
Judgment Date
02 December 2003
Procedural Posture
Application for Stay of Judgment / Post Judgment Interlocutory Application
Outcome
application dismissed
Legal Topics
['stay of Judgment' 'bank Guarantees']
['civil Procedure'] ['stay of Judgment' 'bank Guarantees']

Case Brief

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Procedural Posture

Application for Stay of Judgment / Post Judgment Interlocutory Application

Legal Issues

  1. 1 ['Whether to suspend paragraphs 7, 9, and 10 of the judgment dated 26 November 2003 pending further application or appeal' 'Whether bank guarantees in place justify a stay of the judgment']

Ratio Decidendi

There is no basis to further stay paragraph 7 of the judgment because the bank guarantees do not cover the sum owed to the first cross-claimant. As for the sums in paragraphs 9 and 10, the application to further suspend enforcement was declined due to insufficient new supporting material, but the applicant may seek a stay on proper grounds in the future.

Court Disposition

application dismissed

Orders

  • ['The application be dismissed.' "The applicant pay the respondents' costs of and incidental to the application to be taxed if not agreed."]