Microsoft Corporation v CPL Notting Hill Pty Ltd [2023] FCA 144

Microsoft Corporation v CPL Notting Hill Pty Ltd [2023] FCA 144

The stay was granted because the circumstances were not materially different from those in CPL 2: there was no evidence that the CPL parties' financial circumstances had improved, there was a material danger that money paid under the CPL certificate of taxation would be irrecoverable if Microsoft succeeded on appeal, and the balance of convenience favoured maintaining the status quo. Microsoft repeated its undertaking to pay the CPL certificate amount and interest within 28 days of determination of the appeal, and no payment into Court was required because Microsoft was accepted as able to meet its undertaking.

Jurisdiction
Australia
Judgment Date
22 February 2023
Procedural Posture
Application for a Stay of Execution of Certificates of Taxation Pending Determination of Appeal / Interlocutory Application in Appeal
Outcome
Application granted.
Legal Topics
['stay of Execution Pending Appeal' 'certificates of Taxation' 'costs' 'copyright and Industrial Designs']
['practice and Procedure' 'intellectual Property'] ['stay of Execution Pending Appeal' 'certificates of Taxation' 'costs' 'copyright and Industrial Designs']

Case Brief

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Procedural Posture

Application for a Stay of Execution of Certificates of Taxation Pending Determination of Appeal / Interlocutory Application in Appeal

Legal Issues

  1. 1 ["Whether execution on the CPL and Microsoft certificates of taxation should be stayed pending determination of Microsoft's appeal." 'Whether Microsoft should be released from compliance with its undertaking given on 29 September 2020.' 'Whether any stay should be conditioned on Microsoft paying the outstanding costs into Court or into a trust account.']

Ratio Decidendi

The stay was granted because the circumstances were not materially different from those in CPL 2: there was no evidence that the CPL parties' financial circumstances had improved, there was a material danger that money paid under the CPL certificate of taxation would be irrecoverable if Microsoft succeeded on appeal, and the balance of convenience favoured maintaining the status quo. Microsoft repeated its undertaking to pay the CPL certificate amount and interest within 28 days of determination of the appeal, and no payment into Court was required because Microsoft was accepted as able to meet its undertaking.

Court Disposition

Application granted.

Orders

  • ["Upon the Appellants undertaking to pay the costs included in the Certificate of Taxation issued in this proceeding on 7 August 2020, totalling $211,040.79, and interest accrued thereon, within 28 days of determination of the Appellants' appeal or otherwise being directed to do so, execution on the costs in the...