Matthew Hickey Matthew Hickey

Madden (Receiver) v Mining Standards International Pty Ltd [2025] FCAFC 142

PRACTICE AND PROCEDURE – whether primary judge erred in refusing to permanently stay proceeding as an abuse of process of the Court – whether leave to appeal should be granted – where proceeding overlaps in part with proceeding determined by Supreme Court of Western Australia and by subsequent declaration made by Court of Appeal – application of correctness standard and principles relevant to stay for abuse of process – risk of findings inconsistent with declaration – staged litigation – leave granted and appeal allowed

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