Australian Surf Life Saver Pty Ltd v S & I Publishing Pty Ltd [1998] FCA 1092

Australian Surf Life Saver Pty Ltd v S & I Publishing Pty Ltd [1998] FCA 1092

Although the proposed appeal was fairly arguable, the loss, inconvenience and possible further changes identified by the applicant for the stay were ordinary consequences of an unsuccessful respondent wishing to appeal an injunction in a commercial misleading conduct case. Nothing was demonstrated to make this an appropriate case for a stay pending appeal.

Jurisdiction
Australia
Judgment Date
24 August 1998
Procedural Posture
Application for Stay of Orders Pending Appeal / Heard on 24 August 1998 After Orders Made by Moore J on 20 August 1998
Outcome
Application refused with costs.
Legal Topics
['stay of Orders Pending Appeal' 'injunctive Relief' 'misleading Conduct' 'magazine Get Up']
['practice and Procedure' 'appeal' 'trade Practices'] ['stay of Orders Pending Appeal' 'injunctive Relief' 'misleading Conduct' 'magazine Get Up']

Case Brief

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Procedural Posture

Application for Stay of Orders Pending Appeal / Heard on 24 August 1998 After Orders Made by Moore J on 20 August 1998

Legal Issues

  1. 1 ['Whether the orders made by Moore J on 20 August 1998 should be stayed pending determination of an appeal.' 'Whether the applicant for the stay demonstrated an appropriate case warranting the exercise of discretion in its favour.']

Ratio Decidendi

Although the proposed appeal was fairly arguable, the loss, inconvenience and possible further changes identified by the applicant for the stay were ordinary consequences of an unsuccessful respondent wishing to appeal an injunction in a commercial misleading conduct case. Nothing was demonstrated to make this an appropriate case for a stay pending appeal.

Court Disposition

Application refused with costs.

Orders

  • ['The application is refused.' "The applicant to the Notice of Motion is to pay the respondent's costs."]