JR Consulting & Drafting Pty Ltd & Anor v Cummings & Ors [2015] NSWSC 552

JR Consulting & Drafting Pty Ltd & Anor v Cummings & Ors [2015] NSWSC 552

A stay of the disclosure orders was refused because the plaintiffs did not establish sufficient prejudice, failed to explain their non-compliance, and such a stay would not serve the interests of justice. Stays were granted for orders relating to delivery up, directions as to election, and mediation by consent. No stay of costs order was granted; instead, costs were ordered to be payable forthwith, but the defendants were required to give 14 days' notice before registering any costs assessor's certificate, providing plaintiffs an opportunity to seek further orders if necessary.

Parties
First Plaintiff/first Cross Defendant: JR Consulting & Drafting Pty Ltd; Second Plaintiff/second Cross Defendant: Hayes Steel Framing Systems Pty Ltd; First Defendant: Robert Cummings; Second Defendant/second Cross Claimant: Tanmari Pty Ltd; Third Defendant/first Cross Claimant: FrameCAD IP Ltd; Third Cross Defendant: Steel Framing Systems International Pty Ltd; Fourth Cross Defendant: Gianni Pacione (otherwise known as John Pacione); Fifth Cross Defendant: FrameCAD Ltd
Jurisdiction
Australia
Judgment Date
13 May 2015
Procedural Posture
Application for Stay of Orders Pending Appeal / Post Judgment (pending Appeal)
Outcome
Stay of disclosure orders refused; stays granted for delivery up, election and mediation; costs to be paid forthwith; no stay of costs order
Legal Topics
Stay of Orders, Disclosure, Costs, Appeal Procedure, Copyright
Civil Procedure Equity Stay of Orders Disclosure Costs Appeal Procedure Copyright

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Parties

JR Consulting & Drafting Pty Ltd

First Plaintiff/first Cross Defendant

Hayes Steel Framing Systems Pty Ltd

Second Plaintiff/second Cross Defendant

Robert Cummings

First Defendant

Tanmari Pty Ltd

Second Defendant/second Cross Claimant

FrameCAD IP Ltd

Third Defendant/first Cross Claimant

Steel Framing Systems International Pty Ltd

Third Cross Defendant

Gianni Pacione (otherwise known as John Pacione)

Fourth Cross Defendant

FrameCAD Ltd

Fifth Cross Defendant

Procedural Posture

Application for Stay of Orders Pending Appeal / Post Judgment (pending Appeal)

Legal Issues

  1. 1 Should orders for disclosure, delivery up, election and mediation be stayed pending appeal?
  2. 2 Should the Costs Order be stayed pending appeal?

Ratio Decidendi

A stay of the disclosure orders was refused because the plaintiffs did not establish sufficient prejudice, failed to explain their non-compliance, and such a stay would not serve the interests of justice. Stays were granted for orders relating to delivery up, directions as to election, and mediation by consent. No stay of costs order was granted; instead, costs were ordered to be payable forthwith, but the defendants were required to give 14 days' notice before registering any costs assessor's certificate, providing plaintiffs an opportunity to seek further orders if necessary.

Court Disposition

Stay of disclosure orders refused; stays granted for delivery up, election and mediation; costs to be paid forthwith; no stay of costs order

Orders

  • Application to stay disclosure orders refused.
  • Stay granted for orders relating to delivery up, directions relating to election and mediation.