Hunter Pacific International Pty Ltd v Martec Pty Ltd (No 2) [2016] FCA 1041

Hunter Pacific International Pty Ltd v Martec Pty Ltd (No 2) [2016] FCA 1041

The court refused a stay of the injunction and costs orders as the respondent did not provide sufficient evidence of hardship or inability to pay, nor did the balance of justice favour a stay given the applicant’s established statutory rights and the outcome at trial.

Jurisdiction
Australia
Judgment Date
25 August 2016
Procedural Posture
Practice and Procedure Application in Infringement Proceedings / Post Trial, Application for Stay of Orders Pending Appeal
Outcome
Application for stay of injunction and costs order refused; partial stay granted for delivery up and pecuniary relief orders.
Legal Topics
['registered Designs' 'injunctions' 'stay of Orders' 'pecuniary Relief' 'costs']
['intellectual Property'] ['registered Designs' 'injunctions' 'stay of Orders' 'pecuniary Relief' 'costs']

Case Brief

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Procedural Posture

Practice and Procedure Application in Infringement Proceedings / Post Trial, Application for Stay of Orders Pending Appeal

Legal Issues

  1. 1 ['Whether a stay of injunction and costs orders should be granted pending appeal in registered design infringement proceedings']

Ratio Decidendi

The court refused a stay of the injunction and costs orders as the respondent did not provide sufficient evidence of hardship or inability to pay, nor did the balance of justice favour a stay given the applicant’s established statutory rights and the outcome at trial.

Court Disposition

Application for stay of injunction and costs order refused; partial stay granted for delivery up and pecuniary relief orders.

Orders

  • ['Declaration of infringement of Australian registered design no. 340171 by the respondent.' 'Injunction restraining respondent from importing, offering for sale, selling, or otherwise disposing of the infringing product.' 'Order for delivery up or destruction of stock under oath or affirmation within 28 days,...