Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
PRACTICE AND PROCEDURE – stay of order of Full Court of the Federal Court pending application for special leave to appeal - preservation of the subject matter of litigation – jurisdiction to grant stay – factors relevant to exercise of discretion to grant stay – whether appeal will be rendered nugatory if stay is not granted – whether benefit of Full Court judgment will be lost if stay is granted – whether likely that special leave to appeal will be granted – whether damages are an adequate remedy in all the circumstances.
Trade Practices Act 1974 (Cth)
Petroleum Retail Marketing and Sites Act 1980 (Cth)
Mobil Oil Australia Ltd v Lyndel Nominees Pty Ltd (1998) 153 ALR 197, cited
Jennings Construction Limited v Burgundy Royale Investments Pty Ltd [No 1](1986) 161 CLR681, applied
Marconi's Wireless Telegraph Co Ltd v The Commonwealth [No 3](1913) 16 CLR 384, applied
Smith Kline & French Laboratories (Aust) Ltd v Secretary, Department of Community Services and Health (1991) 65 ALJR 360, cited
Attorney-General (UK) v Heinemann Publishers Australia Pty Ltd (1987) 61 ALJR 612, cited
CSR Ltd v Cigna Insurance Ltd (1996) 70 ALJR 565, cited
MOBIL AUSTRALIA LIMITED v MOGAP PTY LIMITED & ORS NG 841 OF 1995 TAMBERLIN J SYDNEY 10 JULY 1998
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 841 of 1995
BETWEEN: MOBIL OIL AUSTRALIA LIMITED
Applicant
AND: MOGAP PTY LIMITED & ORS
Respondent
JUDGE: TAMBERLIN J
DATE OF ORDER: 29 MAY 1998
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The Short Minutes of Order presently in force be varied by substituting for the words "until further order of this Court or the Full Court" the words "until further order of the High Court." 2. The application for discharge of the orders as so varied is dismissed. 3. If special leave is refused, the respondents should pay Mobil's costs of this application. 4. If the special leave application is successful and the appeal is upheld, then Mobil should pay the respondents' costs of this application. 5. If the special leave application is successful but the appeal is dismissed, then the respondents should pay Mobil's costs of this application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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