McCallum & Co Pty Ltd v Allen Manufacturing Co Pty Ltd [2002] FCA 673

The application for a stay was dismissed as Harper failed to advance a case for a stay, having not taken steps towards any High Court application or faced imminent orders directly causing him to pay money.

Jurisdiction: Australia
Judgment Date: 13 May 2002
Procedural Posture: Interlocutory Motion / Application for Stay of Proceedings After Appeal
Outcome: notice of motion dismissed, applicant on the motion to pay costs
Legal Topics: ['stay of Proceedings' 'registered Design' 'injunction' 'costs']

['intellectual Property'] ['stay of Proceedings' 'registered Design' 'injunction' 'costs']

Case Brief

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Interlocutory Motion / Application for Stay of Proceedings After Appeal

Legal Issues

1 ['Whether a stay of proceedings should be granted following unsuccessful appeal' 'Whether the applicant for stay has established grounds for a stay']

Ratio Decidendi

Court Disposition

notice of motion dismissed, applicant on the motion to pay costs

Orders

['The notice of motion is dismissed.' 'The applicant on the motion pay the costs of the respondent to the motion.']