Targus Australia Pty Ltd v Targus Group (UK) Ltd [2019] NSWCA 9

Targus Australia Pty Ltd v Targus Group (UK) Ltd [2019] NSWCA 9

Leave to appeal should be refused because the applicant’s case is not better than reasonably arguable, the benefit to the applicant if leave were granted is not established, and the applicant was dilatory in pursuing the appeal, declining offers for an expedited substantive hearing and failing to seek expedition in the leave application.

Jurisdiction
Australia
Judgment Date
07 February 2019
Procedural Posture
Appeal / Application for Leave to Appeal (interlocutory)
Outcome
Leave to appeal refused
Legal Topics
['interlocutory Injunctions' 'undertaking as to Damages' 'appeals – Interlocutory Leave' 'practice and Procedure – Commercial List']
['civil Procedure' 'commercial Law'] ['interlocutory Injunctions' 'undertaking as to Damages' 'appeals – Interlocutory Leave' 'practice and Procedure – Commercial List']

Case Brief

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Procedural Posture

Appeal / Application for Leave to Appeal (interlocutory)

Legal Issues

  1. 1 ['Whether the primary judge erred in requiring a shareholder of the applicant company to provide an undertaking as to damages as a condition of stay' 'Whether consideration of shareholding was an irrelevant consideration in relation to the undertaking as to damages' 'Whether leave to appeal should be granted in interlocutory matters where there is delay or lack of expedition']

Ratio Decidendi

Leave to appeal should be refused because the applicant’s case is not better than reasonably arguable, the benefit to the applicant if leave were granted is not established, and the applicant was dilatory in pursuing the appeal, declining offers for an expedited substantive hearing and failing to seek expedition in the leave application.

Court Disposition

Leave to appeal refused

Orders

  • ['The summons seeking leave to appeal filed on 28 September 2018 is dismissed.' "The applicant is to pay the respondent's costs in this Court."]