Sky Channel Pty Ltd v Intertwine Pty Ltd [2003] FCA 67

Sky Channel Pty Ltd v Intertwine Pty Ltd [2003] FCA 67

The Court was satisfied that a prima facie case was established and that the Anton Piller relief sought was limited to decoder devices and associated cabling relating to the display of subscription television; accordingly, the Court made the orders sought in the motion.

Jurisdiction
Australia
Judgment Date
11 February 2003
Procedural Posture
Copyright Action Under S 135 ANA of the Copyright Act 1968 (cth), Including Application for Anton Piller Relief / Ex Parte Notice of Motion for Interlocutory Orders
Outcome
Orders made by consent on the applicants' undertakings; Anton Piller and related interlocutory relief granted, with the proceeding stood over to 13 February 2003.
Legal Topics
['anton Piller Orders' 'injunctive Relief' 'subscription Television Decoder Devices' 'ex Parte Relief' 'abridgment of Time for Service']
['copyright' 'civil Procedure'] ['anton Piller Orders' 'injunctive Relief' 'subscription Television Decoder Devices' 'ex Parte Relief' 'abridgment of Time for Service']

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Procedural Posture

Copyright Action Under S 135 ANA of the Copyright Act 1968 (cth), Including Application for Anton Piller Relief / Ex Parte Notice of Motion for Interlocutory Orders

Legal Issues

  1. 1 ['Whether the applicants should be granted Anton Piller relief relating to smartcards, set top boxes, converters and associated cabling relating to the display of subscription television.' 'Whether the time for service should be abridged.' 'Whether a prima facie case was established for relief under s 135ANA of the Copyright Act 1968 (Cth).']

Ratio Decidendi

The Court was satisfied that a prima facie case was established and that the Anton Piller relief sought was limited to decoder devices and associated cabling relating to the display of subscription television; accordingly, the Court made the orders sought in the motion.

Court Disposition

Orders made by consent on the applicants' undertakings; Anton Piller and related interlocutory relief granted, with the proceeding stood over to 13 February 2003.

Orders

  • ["The Applicants' Notice of Motion dated 7 February 2003 was made returnable instanter." 'The respondents and any person occupying or in charge of the Royal Mail Hotel at Melbourne Street, Mulwala, NSW were ordered to permit specified representatives and an independent solicitor to enter and remain on the premises...