Powerflex Services Pty Ltd & Ors v Data Access Corp [1996] FCA 460

Powerflex Services Pty Ltd & Ors v Data Access Corp [1996] FCA 460

A sufficient case was shown for the exercise of the Court's broad discretion to grant a stay pending appeal: the appeal was not said to lack substance, the respondent had delayed for several years before obtaining injunctive relief, and refusal of a stay would impose a severe burden on the appellants. Special circumstances were not required. The stay was appropriate for injunctive orders but not for costs orders because the respondent could repay costs if required.

Jurisdiction
Australia
Judgment Date
04 June 1996
Procedural Posture
Application for a Stay of Orders Pending an Appeal / On Appeal From a Judge of the Federal Court of Australia
Outcome
Stay granted in part on undertakings; costs of the application ordered to be costs in the appeal.
Legal Topics
['stay of Orders Pending Appeal' 'discretion Under Federal Court Rules Order 52 Rule 17' 'copyright Act 1968 and Computer Software' 'injunctive Relief']
['practice and Procedure' 'intellectual Property'] ['stay of Orders Pending Appeal' 'discretion Under Federal Court Rules Order 52 Rule 17' 'copyright Act 1968 and Computer Software' 'injunctive Relief']

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Procedural Posture

Application for a Stay of Orders Pending an Appeal / On Appeal From a Judge of the Federal Court of Australia

Legal Issues

  1. 1 ['Whether orders made below should be stayed pending appeal.' 'Whether an applicant for a stay pending appeal must show special circumstances or only an appropriate case warranting the exercise of discretion.' 'Whether the stay should extend to costs orders as well as injunctive orders.']

Ratio Decidendi

A sufficient case was shown for the exercise of the Court's broad discretion to grant a stay pending appeal: the appeal was not said to lack substance, the respondent had delayed for several years before obtaining injunctive relief, and refusal of a stay would impose a severe burden on the appellants. Special circumstances were not required. The stay was appropriate for injunctive orders but not for costs orders because the respondent could repay costs if required.

Court Disposition

Stay granted in part on undertakings; costs of the application ordered to be costs in the appeal.

Orders

  • ["The Court accepted the appellants' undertaking to maintain proper records of all sales of PFX Plus." "The Court accepted the appellants' undertaking not to destroy any records in relation to the business of the appellants." "The Court accepted the corporate appellants' undertaking not to dispose of or encumber any...