Red Bull Australia Pty Limited v Sydneywide Distributors Pty Limited t/as Sydneywide Bottlers Australia [2001] FCA 1751

Red Bull Australia Pty Limited v Sydneywide Distributors Pty Limited t/as Sydneywide Bottlers Australia [2001] FCA 1751

The affidavits were not relevant to the stay application. If Mr Carter engaged in the alleged conduct, it would have been dishonest conduct in fraud of Red Bull and not conduct undertaken on Red Bull's behalf. In any event, the alleged conduct occurred after the injunction was granted and did not affect the basis on which the injunctions were granted or provide a basis for staying them.

Jurisdiction
Australia
Judgment Date
05 December 2001
Procedural Posture
Application for a Stay of Orders Pending Appeal / Ruling on Evidence
Outcome
The affidavit evidence was rejected as not relevant to the stay application.
Legal Topics
['relevance' 'admissibility of Affidavit Evidence' 'stay Pending Appeal' 'injunctions']
['evidence' 'civil Procedure'] ['relevance' 'admissibility of Affidavit Evidence' 'stay Pending Appeal' 'injunctions']

Case Brief

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Procedural Posture

Application for a Stay of Orders Pending Appeal / Ruling on Evidence

Legal Issues

  1. 1 ['Whether the affidavits sought to be read by Sydneywide Distributors in support of its stay application were relevant and admissible.' 'Whether alleged post-injunction conduct by Mr Carter could provide a basis for dissolving or staying injunctions previously granted.']

Ratio Decidendi

The affidavits were not relevant to the stay application. If Mr Carter engaged in the alleged conduct, it would have been dishonest conduct in fraud of Red Bull and not conduct undertaken on Red Bull's behalf. In any event, the alleged conduct occurred after the injunction was granted and did not affect the basis on which the injunctions were granted or provide a basis for staying them.

Court Disposition

The affidavit evidence was rejected as not relevant to the stay application.

Orders

  • ["The affidavits of Mr Emile Sawan of 8 October 2001 and Mr Scott Carter of 12 October 2001 not be admitted into evidence in support of the respondent's application for a stay of orders pending appeal."]