Vehicle Monitoring Systems Pty Limited v SARB Management Group Pty Ltd trading as Database Consultants Australia (No 10) [2023] FCA 1214

Federal Court of Australia

Vehicle Monitoring Systems Pty Limited v SARB Management Group Pty Ltd trading as Database Consultants Australia (No 10) [2023] FCA 1214 File number: NSD 200 of 2019

Judgment of: BESANKO J

Date of judgment: 12 October 2023

Catchwords: PRACTICE AND PROCEDURE — interlocutory application by first respondent seeking an extension of existing orders — where the first respondent was unsuccessful in defending patent infringement proceedings at the suit of the applicant and its cross-claim alleging patent invalidity was dismissed — whether a stay of orders made by the Court, including for injunctions and costs, should be extended until the hearing and determination of an appeal by the first respondent — where appeal genuine and based on reasonable grounds — consideration of possible loss if stay is not granted — whether non-publication orders made at the request of the first respondent should be extended

Legislation: Federal Court of Australia Act 1976 (Cth) ss 37AF, 37AG Federal Court Rules 2011 (Cth) r 36.8

Cases cited: Advanced Building Systems Pty Ltd v Ramset Fasteners (Aust) Pty Ltd [1997] HCA 24; (1997) 145 ALR 121 Alexander v Cambridge Credit Corp Limited (1985) 2 NSWLR 685 Federal Commissioner of Taxation v Myer Emporium Ltd [1986] HCA 13; (1986) 160 CLR 220 Henderson v Amadio Pty Ltd (No 3) (1996) 65 FCR 66; (1996) 136 ALR 593 Red Bull Australia Pty Ltd v Sydneywide Distributors Pty Ltd [2001] FCA 1750 Vehicle Monitoring Systems Pty Limited v SARB Management Group Pty Ltd trading as Database Consultants Australia (No 8) [2023] FCA 182 Vehicle Monitoring Systems Pty Limited v SARB Management Group Pty Ltd trading as Database Consultants Australia (No 9) [2023] FCA 632