Federal Court of Australia
Federal Court of Australia
Australian Mud Company Pty Ltd v Globaltech Corporation Pty Ltd (No 6) [2024] FCA 101 File number: NSD 1089 of 2016
Judgment of: BESANKO J
Date of judgment: 20 February 2024
Date of publication of reasons: 21 February 2024
Catchwords: PRACTICE AND PROCEDURE — Interlocutory application by respondents for stay pending determination of the appeal in NSD 968 of 2022 — where previous application for a stay of this proceeding refused (Australian Mud Company Pty Ltd v Globaltech Corporation Pty Ltd [2022] FCA 445) — whether changes in circumstances since last application support a stay — where judgment on the appeal is reserved — where applicants successful in establishing infringement of patent in this proceeding and all appeal rights have been exhausted — where freezing orders made against the respondents — where the damages assessment and account of profits assessment heard in June 2023 — where reasons for decision on damages and account delivered — held the balance of relevant factors does not favour a stay
Cases cited: Australian Mud Company Pty Ltd v Globaltech Corporation Pty Ltd [2022] FCA 445 Australian Mud Company Pty Ltd v Globaltech Corporation Pty Ltd (No 3) [2022] FCA 1189; (2022) 169 IPR 1 Australian Mud Company Pty Ltd v Globaltech Corporation Pty Ltd (No 5) [2024] FCA 58 Martinuzzi v Fair Work Ombudsman [2012] FCA 636; (2012) 205 FCR 106 Virgin Atlantic Airways v Zodiac Seats UK Ltd [2013] UKSC 46; (2013) RPC 29 Wentworth v Rogers (No 3) (1986) 6 NSWLR 642
Division: General Division
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