Federal Court of Australia
Federal Court of Australia
CPL Notting Hill Pty Ltd v Microsoft Corporation [2020] FCA 1399 File number(s): NSD 1736 of 2018
Judgment of: O'CALLAGHAN J
Date of judgment: 29 September 2020
Catchwords: PRACTICE AND PROCEDURE – application for stay pursuant to r 41.03 of the Federal Court Rules 2011 (Cth) – respondents brought claim in Federal Circuit Court and were awarded damages – appeal allowed with orders that there be a retrial and that respondents pay costs of appeal – respondents claim damages at second trial – appellants have given evidence of impecuniosity – whether respondents should pay appeal costs prior to determination of retrial
Legislation: Federal Court Rules 2011 (Cth) rr 40.35(2), 41.03, 41.11
Cases cited: Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 CPL Notting Hill Pty Ltd v Microsoft Corporation (No 2) [2019] FCA 223 Dahler v Australian Capital Territory [2016] FCA 257 Hill v Ziymack (1908) 7 CLR 352 Joskovitz v Bonnick [1964] VR 654 Powerflex Services Pty Ltd v Data Access Corporation (1996) 67 FCR 65 Rawson v Samuel (1841) Cr & Ph 161; 41 ER 451 Wagner v Laubscher Bros & Co [1970] 2 QB 313
Division: General Division
Registry: Victoria
National Practice Area: Intellectual Property
Sub-area: Copyright and Industrial Designs
Number of paragraphs: 36
Date of last submission: 14 September 2020
Date of hearing: Determined on the papers
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