AAMAC Warehousing & Transport Pty Limited & Ors v Fairfax Media Publications Pty Limited & Ors [2009] NSWSC 1029

AAMAC Warehousing & Transport Pty Limited & Ors v Fairfax Media Publications Pty Limited & Ors [2009] NSWSC 1029

Although a short stay was appropriate to protect the plaintiffs' appeal rights and avoid an appeal being rendered nugatory, the plaintiffs had not produced evidence showing serious steps taken since the principal judgment to commence an appeal, no appeal proceedings or draft notice had been filed, and the injunction had already operated for three months despite findings of deliberate non-disclosure. Balancing those factors, any further extension was limited to 24 hours and made conditional on the plaintiffs filing and serving an Application for Leave to Appeal by 5pm on 24 September 2009.

Jurisdiction
Australia
Judgment Date
24 September 2009
Procedural Posture
Equity Application to Extend Stay on Injunction Against Publication / Consequential Orders After Principal Judgment Discharging Ex Parte Injunctions; Application for Further Stay Pending Possible Application for Leave to Appeal
Outcome
Further extension of the stay granted only conditionally and for no more than 24 hours; plaintiffs ordered to pay the defendants' costs of the injunction application and associated contested hearing including the costs of the day.
Legal Topics
['injunctions' 'stay Pending Appeal' 'application for Leave to Appeal' 'non Disclosure on Ex Parte Injunction Application' 'costs']
['equity' 'civil Procedure'] ['injunctions' 'stay Pending Appeal' 'application for Leave to Appeal' 'non Disclosure on Ex Parte Injunction Application' 'costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Equity Application to Extend Stay on Injunction Against Publication / Consequential Orders After Principal Judgment Discharging Ex Parte Injunctions; Application for Further Stay Pending Possible Application for Leave to Appeal

Legal Issues

  1. 1 ["Whether the stay of orders discharging the ex parte injunctions should be extended further to protect the plaintiffs' possible appeal rights." 'Whether the plaintiffs had demonstrated a reason warranting the exercise of discretion in favour of a further stay.' 'Whether any further stay should be conditional on the plaintiffs filing and serving an Application for Leave to Appeal in the Court of Appeal.']

Ratio Decidendi

Although a short stay was appropriate to protect the plaintiffs' appeal rights and avoid an appeal being rendered nugatory, the plaintiffs had not produced evidence showing serious steps taken since the principal judgment to commence an appeal, no appeal proceedings or draft notice had been filed, and the injunction had already operated for three months despite findings of deliberate non-disclosure. Balancing those factors, any further extension was limited to 24 hours and made conditional on the plaintiffs filing and serving an Application for Leave to Appeal by 5pm on 24 September 2009.

Court Disposition

Further extension of the stay granted only conditionally and for no more than 24 hours; plaintiffs ordered to pay the defendants' costs of the injunction application and associated contested hearing including the costs of the day.

Orders

  • ['The stay will not be altered unless the plaintiffs file and serve an Application for Leave to Appeal in the Court of Appeal by 5pm on 24 September 2009.' 'If an application for leave to appeal is filed and served by 5.00pm on 24 September 2009, the stay will be extended to 5pm on 25 September 2009.' 'The Court was...