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undertaking_for_damages

Undertaking for Damages

Federal Court

    • The “usual undertaking as to damages” if given to the Court in relation to any interlocutory order made by it or any interlocutory undertaking given to it, is an undertaking:
      • to submit to such order (if any) as the Court may consider to be just for the payment of compensation, to be assessed by the Court or as it may direct, to any person, whether or not a party, adversely affected by the operation of the interlocutory order or undertaking or any continuation (with or without variation) thereof; and
      • to pay the compensation … to the person ….

Cases

1) [1981] HCA 75

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