CPL Notting Hill Pty Ltd v Microsoft Corporation [2018] FCA 1473

CPL Notting Hill Pty Ltd v Microsoft Corporation [2018] FCA 1473

Given the failure of the lower court to provide written reasons or permit access to the transcript, and with the stay about to expire, it is appropriate to extend the stay of enforcement orders until a further hearing to preserve the appellants' position pending appeal.

Parties
First Appellant: CPL Notting Hill Pty Ltd; Second Appellant: Wei Li; Third Appellant: CPL Distribution Pty Ltd; Fourth Appellant: Jin Wang; First Respondent: Microsoft Corporation; Second Respondent: Microsoft Pty Ltd (ACN 002 589 460); Third Respondent: Microsoft Regional Sales Corporation
Jurisdiction
Australia
Judgment Date
26 September 2018
Procedural Posture
Interlocutory Application (urgent Interim Stay/injunction) / Urgent Interim Application Before Federal Court (pending Appeal)
Outcome
Interim stay of enforcement orders granted; application for interim stay adjourned for further hearing.
Legal Topics
Copyright Infringement, Interim Injunctions, Stay of Enforcement Orders, Trade Mark Infringement, Damages
Intellectual Property Practice and Procedure Copyright Infringement Interim Injunctions Stay of Enforcement Orders Trade Mark Infringement Damages

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Parties

CPL Notting Hill Pty Ltd

First Appellant

Wei Li

Second Appellant

CPL Distribution Pty Ltd

Third Appellant

Jin Wang

Fourth Appellant

Microsoft Corporation

First Respondent

Microsoft Pty Ltd (ACN 002 589 460)

Second Respondent

Microsoft Regional Sales Corporation

Third Respondent

Procedural Posture

Interlocutory Application (urgent Interim Stay/injunction) / Urgent Interim Application Before Federal Court (pending Appeal)

Legal Issues

  1. 1 Whether an urgent interim stay of enforcement orders pending appeal should be granted
  2. 2 Whether circumstances justify extension of stay where no written reasons or transcript have been provided from lower court

Ratio Decidendi

Given the failure of the lower court to provide written reasons or permit access to the transcript, and with the stay about to expire, it is appropriate to extend the stay of enforcement orders until a further hearing to preserve the appellants' position pending appeal.

Court Disposition

Interim stay of enforcement orders granted; application for interim stay adjourned for further hearing.

Orders

  • Orders 3, 4(a), (b) and (c), 10, 11(a), (b) and (c), 12 (insofar as it relates to the first to third respondents below) and 13 of Judge Street made on 29 August 2018 in proceeding SYG1205/2016 are stayed until 5 pm on 5 October 2018 or until further order.
  • The appellants' application for an interim stay be adjourned for further hearing until 9.30 am on 5 October 2018.