News Ltd v Australian Rugby League Ltd & Ors [1996] FCA 140

News Ltd v Australian Rugby League Ltd & Ors [1996] FCA 140

A general stay of the orders below is refused to preserve the status quo, but a stay is granted in respect of certain orders (7, 8, 9, 15, 15A, 15B, 18 and 33) which directly affect third-party players and certain property matters, pending determination of the appeal.

Jurisdiction
Australia
Judgment Date
13 March 1996
Procedural Posture
Application for Stay and Expedition Pending Appeal / Interlocutory Order Pending Appeal
Outcome
General stay of execution of Burchett J's orders refused; specific stay granted for orders 7, 8, 9, 15, 15A, 15B, 18 and 33; appeal expedited; costs of motions below to be costs in appeal; no order as to costs of interveners.
Legal Topics
['stay of Execution' 'expedition of Appeal' 'orders Affecting Third Parties']
['sports Law' 'injunctions' 'civil Procedure'] ['stay of Execution' 'expedition of Appeal' 'orders Affecting Third Parties']

Case Brief

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Procedural Posture

Application for Stay and Expedition Pending Appeal / Interlocutory Order Pending Appeal

Legal Issues

  1. 1 ["Whether a general stay of execution of Burchett J's orders pending appeal should be granted" 'Whether specific orders relating to players and property transfer should be stayed' 'Whether the appeal should be expedited']

Ratio Decidendi

A general stay of the orders below is refused to preserve the status quo, but a stay is granted in respect of certain orders (7, 8, 9, 15, 15A, 15B, 18 and 33) which directly affect third-party players and certain property matters, pending determination of the appeal.

Court Disposition

General stay of execution of Burchett J's orders refused; specific stay granted for orders 7, 8, 9, 15, 15A, 15B, 18 and 33; appeal expedited; costs of motions below to be costs in appeal; no order as to costs of interveners.

Orders

  • ['The appeal be expedited.' 'A general stay of execution of orders made by Burchett J. on 11 March 1996 be refused.' 'Stay of orders 7, 8, 9, 15, 15A, 15B, 18 and 33 granted until determination of the appeal or further order.' 'Costs of the motion below to be costs in the appeal.' 'No order as to costs of...