Federal Court of Australia
Federal Court of Australia
Microsoft Corporation v CPL Notting Hill Pty Ltd [2023] FCA 144 Appeal from: Microsoft Corporation v Notting Hill Pty Ltd (No 7) [2022] FedCFamC2G 590
File number(s): NSD 1126 of 2022
Judgment of: BURLEY J
Date of judgment: 22 February 2023
Catchwords: PRACTICE AND PROCEDURE – application for a stay of execution of certificates of taxation pending determination of appeal – where stay granted due in part to respondents' earlier inability to pay damages awarded – where stay granted dissolved upon delivery of judgment – where no evidence of improved financial circumstances – application granted.
Legislation: Federal Court Rules 2011 (Cth) r 41.03
Cases cited: Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 Powerflex Services Pty Ltd v Data Access Corporation (1996) 67 FCR 65
Division: General Division
Registry: New South Wales
National Practice Area: Intellectual Property
Sub-area: Copyright and Industrial Designs
Number of paragraphs: 38
Date of hearing: 22 February 2023
Counsel for the Appellants Mr A Fox SC
Solicitor for the Appellants Harris & Company
Counsel for the Respondents Mr C H Truong KC with Mr C Thompson
Solicitor for the Respondents Henley Legal
ORDERS NSD 1126 of 2022
BETWEEN: MICROSOFT CORPORATION First Appellant
MICROSOFT PTY LTD Second Appellant
MICROSOFT REGIONAL SALES CORPORATION Third Appellant
AND: CPL NOTTING HILL PTY LTD First Respondent
WEI LI Second Respondent
CPL DISTRIBUTION PTY LTD (and another named in the Schedule) Third Respondent
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