PRACTICE AND PROCEDURE - application for leave to appeal from interlocutory judgment - where interlocutory judgment held that there was a waiver of foreign State immunity - where participation in the final hearing of the proceedings may render any rights of appeal nugatory - leave to appeal granted.
THE COURT ORDERS THAT:
1. The Respondent be granted leave to appeal from:
(a) orders 1 and 2 of the orders made on 24 October 2023 in the interlocutory judgment of the Federal Court of Australia at Sydney, New South Wales (CCDM Holdings, LLC v Republic of India (No 3)  FCA 1266 (Jackman J) (Judgment)); and
(b) that part of the Judgment which concerns s 10(1) and (2) of the Foreign States Immunities Act 1985 (Cth) (FSIA).
2. The appeal be scheduled by the Registry before the Full Court of the Federal Court of Australia at a date in the future at the Courtís convenience.
3. If the appeal is unsuccessful, there be liberty to restore the matter for a case management hearing before Justice Jackman no earlier than 28 days after judgment is given by the Full Court.
4. The costs of the application for leave to appeal be costs in the appeal.
CC/Devas (Mauritius) Limited; Devas Employees Fund US LLC; Devas Employees Mauritius Private Limited; Telcom Devas LLC; Telecom Devas Mauritius Limited.