Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
International Hair Cosmetics Group Pty Ltd v International Hair Cosmetics Limited (No 2) [2011] FCA 540 Citation: International Hair Cosmetics Group Pty Ltd v International Hair Cosmetics Limited (No 2) [2011] FCA 540
Parties: INTERNATIONAL HAIR COSMETICS GROUP PTY LTD ACN 057 921 945 v INTERNATIONAL HAIR COSMETICS LIMITED, AUSTRALIAN SALON PROFESSIONAL PTY LTD ACN 143 609 994 (FORMERLY KNOWN AS AFFINAGE SALON PROFESSIONAL PTY LTD), WAYNE FRANCIS WOOD and ERIC BAILEY
File number: QUD 342 of 2010
Judge: LOGAN J
Date of judgment: 13 May 2011
Catchwords: PRACTICE AND PROCEDURE – application for stay of judgment pending the determination of an appeal under O 52 r 17 of the Federal Court Rules (Cth) – balance of convenience of the parties – where appealing party enjoyed trade mark rights in a number of countries except Australia – where complying with order would significantly affect appealing party's other trademark rights – where matter at first instance was very finely balanced – O 52 r 17 correct basis for stay application in this case – Court granted stay in favour of the appealing party
Legislation: Federal Court Rules (Cth) O 37 r 10, O 52 r 17
Cases cited: Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 followed Australia and New Zealand Banking Group Ltd v Merribee Pastoral Industries (1998) 16 ACLC 1447 considered Attorney-General v Emerson (1889) 24 QBD 56 applied International Hair Cosmetics Group Pty Ltd v International Hair Cosmetics Limited [2011] FCA 339 cited Powerflex Services Pty Ltd v Data Access Corporation (1996) 67 FCR 65 followed
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