Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Midamarine Pty Limited v International Sports Clothing Pty Ltd and David Corrick [2006] FCA 1591
PRACTICE AND PROCEDURE – INTERLOCUTORY INJUNCTION – application for leave to appeal from an interlocutory order – consideration of the strength of the evidence before the primary Judge – consideration of whether the evidence supported the conclusions of the primary Judge – consideration of whether the principles affirmed in Australian Broadcasting Corporation v O'Neill [2006] HCA 46 properly applied. Federal Court Rules, O 35, r 7(2)(c), O 35, r7(2)(d), O 19, r 3
Malleys Ltd v J W Tomlin Pty Limited [1961-62] 35 ALJR 352 - cited Koninklijke Philips Electronics NV & Anor v Remington Products Australia Pty Ltd (1999) 91 FCR 167 - cited Polyaire Pty Ltd v K-Aire Pty Ltd & Ors (2005) 221 CLR 287 - cited Beecham Group Limited v Bristol Laboratories Pty Limited (1967-68) 118 CLR 618 - considered Australian Broadcasting Corporation v O'Neill [2006] HCA 46 - considered Décor Corporation Pty Ltd & Anor v Dart Industries Inc. (1991) 33 FCR 397 – cited and applied Yap Cheng See v Granich & Associates [2001] FCA 1735 - cited MIDAMARINE PTY LIMITED v INTERNATIONAL SPORTS CLOTHING PTY LTD AND DAVID MAXWELL CORRICK QUD409 OF 2006
GREENWOOD J
22 NOVEMBER 2006
SYDNEY (VIA VIDEO-LINK TO BRISBANE) HEARD IN BRISBANE IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD409 OF 2006
BETWEEN: MIDAMARINE PTY LIMITED
Applicant
AND: INTERNATIONAL SPORTS CLOTHING PTY LTD
ACN 083 164 710
First Respondent
DAVID MAXWELL CORRICK
Second Respondent
JUDGE: GREENWOOD J
DATE OF ORDER: 22 NOVEMBER 2006
WHERE MADE: SYDNEY (VIA VIDEO-LINK TO BRISBANE) HEARD IN BRISBANE
THE COURT ORDERS THAT:
1. The Amended Notice of Motion filed by DMC International Pty Ltd by leave of the Court on 9 November 2006 seeking an Order that DMC be given leave to appeal from the interlocutory Order of his Honour Justice Spender made on 3 November 2006 is dismissed. 2. DMC International Pty Ltd is to pay the costs of the Applicant in the proceedings of and incidental to the Notion of Motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate