Decor Corporation Pty Ltd (formerly Brian Davies Co. Pty Ltd & Anor v. Dart Industries Incorporated [1988] FCA 144

SUDGMENT. No. AOL Red nar

NOT FOR CIRCULATION

CATCHWORDS

PRACTICE AND PROCEDURE - Orders made by Supreme Court for inquiry as to damages or account of profits - application for stay of orders pending hearing of appeal to Federal Court - costs incurred by parties in course of inquiry as

to damages or account of profits - decision as to application

for stay as matter for Court in exercise of its discretion.

DECOR CORPORATION PTY. LIMITED (formerly BRIAN DAVIES CO. PTY. LIMITED) & ANOR, v. DART INDUSTRIES INCORPORAT

VG63 of 1988

LOCKHART J. 3 MARCH 1988 MELBOURNE

NOT FOR CIRCULATION

IN THE FEDERAL COURT OF AUSTRALIA

) ) VICTORIA DISTRICT REGISTRY ) No. VG 63 of 1988 ) )

GENERAL DIVISION

BETWEEN : DECOR CORPORATION PTY. LIMITED

(formerly BRIAN DAVIES COQ. PTY. LIMITED) & ANOR.

Applicant AND: DART INDUSTRIES INCORPORATED Respondent JUDGE MAKING ORDER: LOCKHART J. DATE OF ORDER: 3 MARCH 1988 WHERE ORDER MADE: MELBOURNE

MINUTE OF ORDERS

THE COURT ORDERS THAT:

1.

Upon the appellants by their counsel undertaking to the Court that all infringing articles the subject of order number 2 of the Supreme Court of Victoria made on 4 February 1988 in proceeding number IP26 of 1981 shall remain in their possession, power, custody or control until the determination of this appeal or further order, the Court orders that the operation of order number 2 made by the Supreme Court be

stayed until the determination of the appeal or further

order.

The notice of motion of 22

dismissed.

Costs of the motion shall be

appeal.

Settlement and entry of orders

the Federal Court Rules.

February 1988 otherwise

the respondent's costs in

1s dealt with in Order 36

be

the

of

NOT FOR CIRCULATION

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY No. VG 63 of 1988

wee evn

GENERAL DIVISION

BETWEEN : DECOR CORPORATION PTY. LIMITED (formerly BRIAN DAVIES CO. Pry. LIMITED & ANOR.