Firebird Global Master Fund Ii Ltd v Republic of Nauru (No 2)

In the matter of *Firebird Global Master Fund Ii Ltd v Republic of Nauru (No 2)*, the applicant, Firebird Global Master Fund II Ltd, sought an extension of a stay pending its application for special leave to appeal to the High Court of Australia. The dispute concerned the effect of a garnishee order issued on 10 September 2014, which had previously been stayed by orders made on 23 October 2014. The court was required to determine whether to extend this stay and to clarify the scope of the garnishee order in light of the pending High Court application.

The court considered several factors relevant to granting an extension of a stay pending an application for special leave to appeal. These included the prospects of success of the special leave application, whether the stay was necessary to protect the subject matter of the litigation, and the overall balance of convenience. The court also took into account an undertaking by the applicant to pursue its special leave application expeditiously.

The court reasoned that an extension of the stay was warranted, subject to certain conditions. These conditions included the applicant's undertaking to pursue the special leave application with expedition and an acknowledgment of the practical effects of the extended stay. The orders clarified that the Republic of Nauru would have access to funds in accounts other than those specifically identified in Schedule A, and that Westpac Banking Corporation would be relieved of its obligation to withhold payment from those accounts under the garnishee order. The stay was extended until the determination of the special leave application by the High Court, with liberty to apply for variations. The court also made consequential orders regarding the variation of a principal order and the costs of the notice of motion.