High Court of Australia|1913-04-10|Before: Rich JJ

Marconi's Wireless Telegraph Co Ltd v Commonwealth (No 3) [1913] HCA 23; (1913) 16 CLR 384 (10 April 1913)

The Marconi's Wireless Telegraph Company Limited Plaintiffs; and The Commonwealth Defendants. [No. 3.]

Starke, for the Commonwealth, in support of the motion.

The Court will not ordinarily grant an application of this kind unless very strong and special grounds are shown. This is a very peculiar case. The conditions are such that, on the one hand, if the stay is granted without more, the whole benefit of the action may be lost to the plaintiffs, while, on the other hand, unless the stay is granted on some fair terms, the defendants' appeal will be nugatory. It really is a question of the preservation of the rights of the parties without disregard of the balance of convenience. Under those circumstances we think that the order we propose to make is a fair one.

Order that the operation of the order of this Court of 20th March 1913 be suspended until the hearing of the defendants' application to the Privy Council for special leave to appeal, on the defendants undertaking to prosecute their application with all reasonable expedition, and also undertaking to pay the plaintiffs such damages or loss, whether legally claimable or not, as this Court or a Justice thereof may think just and fair as compensation to the plaintiffs for any disdvantage they may sustain by reason of this order. The defendants to pay the costs of this application.

Solicitor, for the defendants, Gordon H. Castle, Crown Solicitor for the Commonwealth.

Marconi's Wireless Telegraph Co Ltd v Commonwealth

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Marconi's Wireless Telegraph Co Ltd v Commonwealth (No 3) [1913] HCA 23; (1913) 16 CLR 384 (10 April 1913)

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