Stonehealth Pty Ltd v ZAA Ventures Pty Ltd as Trustee for ZAA Investment Trust [2020] FCA 1287

Stonehealth Pty Ltd v ZAA Ventures Pty Ltd as Trustee for ZAA Investment Trust [2020] FCA 1287

Given there is an arguable point on appeal, and that in the absence of a stay the appeal may be rendered futile by administrative action that could not be undone, strong reasons exist to grant a stay of the relevant order and issue an interlocutory injunction to preserve the status quo until the appeal is resolved.

Jurisdiction
Australia
Judgment Date
03 September 2020
Procedural Posture
Interlocutory Application in Appeal Proceedings / Application for Stay and Interlocutory Injunction Pending Appeal
Outcome
Stay and interlocutory injunction granted pending appeal. Security for costs ordered.
Legal Topics
['stay of Orders' 'interlocutory Injunction' 'judicial Review' 'pharmaceutical Benefits']
['administrative Law' 'practice and Procedure'] ['stay of Orders' 'interlocutory Injunction' 'judicial Review' 'pharmaceutical Benefits']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

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

Procedural Posture

Interlocutory Application in Appeal Proceedings / Application for Stay and Interlocutory Injunction Pending Appeal

Legal Issues

  1. 1 ["Whether Order 2 of the primary judge's orders should be stayed pending appeal" 'Whether an interlocutory injunction should restrain the Authority from considering, determining or making recommendations regarding approvals under s 90 of the National Health Act 1953 (Cth)']

Ratio Decidendi

Given there is an arguable point on appeal, and that in the absence of a stay the appeal may be rendered futile by administrative action that could not be undone, strong reasons exist to grant a stay of the relevant order and issue an interlocutory injunction to preserve the status quo until the appeal is resolved.

Court Disposition

Stay and interlocutory injunction granted pending appeal. Security for costs ordered.

Orders

  • ['Order 2 of the orders made by Derrington J on 25 August 2020 is stayed until delivery of judgment in the appeal or further order.' 'The second respondent is restrained from considering, determining or making any recommendation in relation to any application with respect to the granting of approval under s 90 of...