Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Intellec Development Group Pty Ltd v 3D Funtimes Ltd [2011] FCA 797 Citation: Intellec Development Group Pty Ltd v 3D Funtimes Ltd [2011] FCA 797
Parties: INTELLEC DEVELOPMENT GROUP PTY LTD v 3D FUNTIMES LTD
File number: WAD 156 of 2011
Judge: BARKER J
Date of judgment: 30 May 2011
Catchwords: PRACTICE AND PROCEDURE - leave to appeal from interlocutory judgment to dismiss application to set aside summary judgment - where application for leave to appeal lodged out of time PRACTICE AND PROCEDURE - application for stay pending the determination of the application for leave to appeal and any appeal if allowed
Cases cited: 3D Funtimes Limited v Intellec Development Group Pty Ltd (No 2) [2011] FCA 407 DÉcor Corporation v Dart Industries Incorporated (1991) 33 FCR 397
Date of hearing: 30 May 2011
Place: Perth
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 14
Counsel for the Applicant: Mr AJ Goldfinch
Solicitor for the Applicant: Stables Scott
Counsel for the Respondent: Mr DW Thompson
Solicitor for the Respondent: Mr DW Thompson
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION WAD 156 of 2011
BETWEEN: INTELLEC DEVELOPMENT GROUP PTY LTD
Applicant
AND: 3D FUNTIMES LTD
Respondent
JUDGE: BARKER J DATE OF ORDER: 30 MAY 2011 WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The applicant be granted an extension of time until 13 May 2011 in which to seek leave to appeal from the interlocutory judgment of the Court pronounced by Justice Siopis on 21 April 2011 at Perth in WAD 348 of 2010. 2. The applicant have leave to appeal from the interlocutory judgment of the Court pronounced by Justice Siopis on 21 April 2011 at Perth in WAD 348 of 2010. 3. The application for a stay pending the appeal be dismissed on the undertaking of the respondent (now Tier Toys Ltd) in these terms: (a) in the event that the respondent forms an intention to sell the tooling or remove it from Western Australia it will not do so without first giving the applicant 21 days written notice of its intention to do so; (b) in the event that the applicant succeeds on appeal the respondent will return the tooling to the applicant; and (c) if the same appeal succeeds the respondent will not plead or rely on any argument that any unpaid seller's lien enjoyed by the applicant has been lost by reason of the applicant's delivery of the tooling to the respondent. 4. Costs be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using Federal Law Search on the Court's website.
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