Federal Court of Australia
Federal Court of Australia
Henley Arch Pty Ltd v Henley Constructions Pty Ltd (No 3) [2022] FCA 408 File number(s): VID 1240 of 2018
Judgment of: ANDERSON J
Date of judgment: 20 April 2022
Catchwords: PRACTICE AND PROCEDURE – application for a stay of orders pending appeal – stay granted
Cases cited: Australian Workers' Union v Pilkington (Aust) Ltd (2000) 101 FCR 35; [2000] FCA 1169 In-N-Out Burgers, Inc v Hashtag Burgers Pty Ltd (No 2) [2020] FCA 772 Philip Morris (Aust) Ltd v Nixon [1999] FCA 1281
Division: General Division
Registry: Victoria
National Practice Area: Intellectual Property
Sub-area: Trade Marks
Number of paragraphs: 17
Date of hearing: Determined on the papers
Counsel for the Applicant: Mr T Cordiner QC with Ms L Davis
Solicitors for the Applicant: Ashurst
Counsel for the Respondents: Mr T Bannon SC and Mr A Sykes
Solicitors for the Respondents: Gestalt Law
ORDERS VID 1240 of 2018
BETWEEN: HENLEY ARCH PTY LTD Applicant
AND: HENLEY CONSTRUCTIONS PTY LTD First Respondent
PATRICK SARKIS Second Respondent
order made by: ANDERSON J DATE OF ORDER: 20 April 2022
THE COURT ORDERS:
1. A stay of order 9 of the orders made on 25 November 2021 until the latter of the determination of the appeal VID737/2021 or the appeal VID164/2022. 2. A stay of orders 1 and 2 of the orders made on 17 March 2022 until the latter of the determination of the appeal VID737/2021 or the appeal VID164/2022. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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