XL Insurance Company SE, trading as Brooklyn Underwriting v Kerembla Pty Ltd [2023] FCA 1038

XL Insurance Company SE, trading as Brooklyn Underwriting v Kerembla Pty Ltd [2023] FCA 1038

The Court dismissed the stay application because as a matter of law, declaratory orders are generally not subject to stays and there was no sufficient reason to depart from this principle in the present case.

Source-derived case information.

Parties
Applicant: XL Insurance Company SE, trading as Brooklyn Underwriting; First Respondent: Kerembla Pty Ltd; Second Respondent: QBE Insurance (Australia) Limited
Jurisdiction
Australia
Judgment Date
22 August 2023
Procedural Posture
Interlocutory Application / Application to Stay Orders Pending Appeal
Outcome
Interlocutory application dismissed
Legal Topics
Stay of Orders, Declaratory Orders, Interlocutory Application, Indemnity Insurance
Practice and Procedure Commercial Law Stay of Orders Declaratory Orders Interlocutory Application Indemnity Insurance

Source-derived case record

Summary, issues, holding and outcome

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Parties

XL Insurance Company SE, trading as Brooklyn Underwriting

Applicant

Kerembla Pty Ltd

First Respondent

QBE Insurance (Australia) Limited

Second Respondent

Procedural Posture

Interlocutory Application / Application to Stay Orders Pending Appeal

Legal Issues

  1. 1 Whether the Court should stay declaratory orders pending an appeal
  2. 2 Whether costs orders ought to be stayed pending appeal

Ratio Decidendi

The Court dismissed the stay application because as a matter of law, declaratory orders are generally not subject to stays and there was no sufficient reason to depart from this principle in the present case.

Court Disposition

Interlocutory application dismissed

Orders

  • The amended interlocutory application is dismissed.
  • The costs of the amended interlocutory application are to be costs in the appeal.