Sky Channel Pty Ltd v Yahmoc Pty Ltd [2003] FCA 401

Sky Channel Pty Ltd v Yahmoc Pty Ltd [2003] FCA 401

Given cogent, unrefuted evidence indicating the respondents used a smart card to decode and commercially broadcast the applicants' pay TV signal without authorisation or payment, an Anton Piller order is justified to preserve evidence, particularly as the relevant device is small and easily concealed.

Jurisdiction
Australia
Judgment Date
09 April 2003
Procedural Posture
Application / Interlocutory (anton Piller Order Sought)
Outcome
Anton Piller orders granted.
Legal Topics
['anton Piller Orders' 'decoding Devices' 'pay TV Signal Transmission']
['intellectual Property' 'copyright'] ['anton Piller Orders' 'decoding Devices' 'pay TV Signal Transmission']

Case Brief

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Procedural Posture

Application / Interlocutory (anton Piller Order Sought)

Legal Issues

  1. 1 ['Whether an Anton Piller order should be granted for alleged breach of s 135ANA of the Copyright Act 1968 (Cth)']

Ratio Decidendi

Given cogent, unrefuted evidence indicating the respondents used a smart card to decode and commercially broadcast the applicants' pay TV signal without authorisation or payment, an Anton Piller order is justified to preserve evidence, particularly as the relevant device is small and easily concealed.

Court Disposition

Anton Piller orders granted.

Orders

  • ['Orders made in accordance with the short minutes initialled and dated by Allsop J, including notice to respondents.' 'Order under section 50 Federal Court of Australia Act: Transcript of proceedings and judgment not to be distributed to any party without leave before 6pm on 11 April 2003.']