Federal Court of Australia
Federal Court of Australia
A Nelson & Co Limited v Martin & Pleasance Pty Ltd (No 2) [2021] FCA 242 File number: NSD 154 of 2021
Judgment of: FLICK J
Date of judgment: 18 March 2021
Catchwords: PRACTICE AND PROCEDURE – application for stay of interlocutory judgment – principles to be applied – whether appeal would be rendered nugatory – whether real risk that applicant seeking stay could not be returned substantially to its former position
Legislation: Federal Court of Australia Act 1976 (Cth) s 24 Federal Court Rules 2011 (Cth) rr 36.08, 41.03
Cases cited: A Nelson & Co Limited v Martin & Pleasance Pty Ltd [2021] FCA 228 Australian Competition and Consumer Commission v BMW (Australia) Limited (No. 2) [2003] FCA 864 Australian Workers' Union v Pilkington (Aust) Ltd [2000] FCA 1169, (2000) 101 FCR 35 George v Fletcher [2011] FCA 952 House v The King (1936) 55 CLR 499 Jennings Construction Limited v Burgundy Royale Investments Pty Ltd (No 1) (1986) 161 CLR 681 Nichol v Discovery Africa Limited [2016] FCA 254 Philip Morris Limited v Nixon [1999] FCA 1281 Stefanovski v Digital Central Australia (Assets) Pty Ltd [2017] FCA 1121
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area: Trade Marks
Number of paragraphs: 23
Date of hearing: 18 March 2021
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