KD Kanopy Australasia Pty Ltd v Insta Image Pty Ltd [2007] FCA 812

KD Kanopy Australasia Pty Ltd v Insta Image Pty Ltd [2007] FCA 812

A stay of the orders pending appeal is granted to preserve the respondents' businesses as the injunctions might otherwise destroy them, but the stay is conditional upon provision of bank guarantees to secure the applicants’ interests in relation to damages, account of profits, and costs if the appeal fails.

Parties
Applicant/cross Respondent/respondent: KD Kanopy Australasia Pty Ltd; Applicant/respondent: Trevor Hudson Dand; Applicant/respondent: KD Kanopy Inc; Applicant/respondent: Instant Marquee Systems Pty Ltd; Respondent/cross Claimant/appellant: Insta Image Pty Ltd; Respondent/cross Claimant/applicant: Richard Walden Wallace; Respondent/cross Claimant/applicant: Brenda Margaret Wallace
Jurisdiction
Australia
Judgment Date
24 May 2007
Procedural Posture
Application for Stay Pending Appeal / Interlocutory (orders on Stay of Earlier Injunctions Pending Appeal)
Outcome
Stay granted (conditional), leave to appeal granted, costs awarded to applicants
Legal Topics
Stay of Orders, Interlocutory Injunction, Security for Appeal, Account of Profits, Damages, Appeal Procedure
Civil Procedure Stay of Orders Interlocutory Injunction Security for Appeal Account of Profits Damages Appeal Procedure

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Parties

KD Kanopy Australasia Pty Ltd

Applicant/cross Respondent/respondent

Trevor Hudson Dand

Applicant/respondent

KD Kanopy Inc

Applicant/respondent

Instant Marquee Systems Pty Ltd

Applicant/respondent

Insta Image Pty Ltd

Respondent/cross Claimant/appellant

Richard Walden Wallace

Respondent/cross Claimant/applicant

Brenda Margaret Wallace

Respondent/cross Claimant/applicant

Procedural Posture

Application for Stay Pending Appeal / Interlocutory (orders on Stay of Earlier Injunctions Pending Appeal)

Legal Issues

  1. 1 Whether a stay of orders pending appeal should be granted
  2. 2 Conditions appropriate for the stay to preserve applicants' rights to damages and costs

Ratio Decidendi

A stay of the orders pending appeal is granted to preserve the respondents' businesses as the injunctions might otherwise destroy them, but the stay is conditional upon provision of bank guarantees to secure the applicants’ interests in relation to damages, account of profits, and costs if the appeal fails.

Court Disposition

Stay granted (conditional), leave to appeal granted, costs awarded to applicants

Orders

  • Respondents have leave to appeal the orders made on 3 April 2007.
  • Respondents must prosecute appeal with all reasonable expedition.