Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mitolo Wines Aust Pty Ltd v Vito Mitolo & Son Pty Ltd (No 3) [2019] FCA 2116 File number: SAD 340 of 2016
Judge: BESANKO J
Date of judgment: 16 December 2019
Catchwords: PRACTICE AND PROCEDURE — application for a stay of various orders pending the hearing and determination of an appeal to the Full Court of the Federal Court of Australia — whether grounds of appeal are arguable — whether the applicants will be deprived of the full benefits of the judgment in their favour — whether the respondents will be deprived of fruits of their appeal if a stay is refused and the appeal is successful — where the respondents contend they will suffer non-financial prejudice — whether the appeal will be rendered nugatory — where the respondents have not offered security — where there was delay in the filing of the respondents' application
Legislation: Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) Federal Court Rules 2011 (Cth) r 36.08
Cases cited: Alexander v Cambridge Credit Corp Ltd (1985) 2 NSWLR 685; (1985) 10 ACLR 42 Citrus Queensland Pty Ltd v Sunstate Orchards Pty Ltd [2008] FCA 1867 Maher v Commonwealth Bank of Australia [2008] VSCA 122 Mitolo Wines Aust Pty Ltd v Vito Mitolo & Son Pty Ltd [2019] FCA 902 Mitolo Wines Aust Pty Ltd v Vito Mitolo & Son Pty Ltd (No 2) [2019] FCA 1140 Powerflex Services Pty Ltd v Data Access Corp (1996) 67 FCR 65; (1996) 137 ALR 498 Wealthsure Pty Ltd v Selig [2013] FCA 628
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