Connect TV Pty Ltd v All Rounder Investments Pty Ltd (No 3) [2013] FCA 98

Connect TV Pty Ltd v All Rounder Investments Pty Ltd (No 3) [2013] FCA 98

The Court held that the applicants failed to prove beyond reasonable doubt that All Rounder or Ms Lurie knew of the orders before the relevant Volchek dealings on the morning of 17 September 2010, and failed to prove that the Yuhanov installation or Russianworld posting was done by or as agent of All Rounder. However, after knowledge of the orders was accepted, All Rounder and Ms Lurie deliberately failed to take available lawful steps to contact and inhibit Ms Volchek from continuing to receive the broadcasts, deliberately referred Mr Volchek to "Dmitry" to assist provision of services contrary to orders 3(a) and 3(b), and maintained Kartina dealer advertising using All Rounder's 1800...

Jurisdiction
Australia
Judgment Date
19 February 2013
Procedural Posture
Contempt of Court Motions Alleging Breach of Interlocutory Injunctive Orders in a Copyright Proceeding / Determination of Whether Contempt Charges Were Proven Beyond Reasonable Doubt, With Penalty Hearing Adjourned
Outcome
Charges 3 and 6, to the specified extents, were established against All Rounder beyond reasonable doubt; charges 9, 10 and 11, to the specified extents, were proven against Ms Lurie beyond reasonable doubt; no charges were made good against Mr Vladimir Grinberg; other specified charges were not proven. The matter...
Legal Topics
['breach of Interlocutory Injunctions' 'knowledge of Court Orders' 'clear and Unambiguous Orders' 're Broadcasting and Communicating Broadcasts to the Public' 'proof Beyond Reasonable Doubt in Contempt Proceedings']
['contempt of Court' 'copyright' 'civil Procedure'] ['breach of Interlocutory Injunctions' 'knowledge of Court Orders' 'clear and Unambiguous Orders' 're Broadcasting and Communicating Broadcasts to the Public' 'proof Beyond Reasonable Doubt in Contempt Proceedings']

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Procedural Posture

Contempt of Court Motions Alleging Breach of Interlocutory Injunctive Orders in a Copyright Proceeding / Determination of Whether Contempt Charges Were Proven Beyond Reasonable Doubt, With Penalty Hearing Adjourned

Legal Issues

  1. 1 ['Whether All Rounder Investments Pty Ltd, Leonora Lurie and Vladimir Grinberg had knowledge of the interlocutory orders made on 14 September 2010 at the relevant times.' 'Whether the alleged contemnors breached orders restraining re-broadcasting, communicating, assisting or facilitating communication of Copyright Broadcasts and requiring lawful steps to prevent continued receipt of such services.' 'Whether the terms "re-broadcasting" and "communicating" were sufficiently clear and unambiguous to found contempt charges.' 'Whether the contempt charges were proved beyond reasonable doubt.' 'Whether alleged defects in the making or scope of the interlocutory orders provided a defence while the orders stood.']

Ratio Decidendi

The Court held that the applicants failed to prove beyond reasonable doubt that All Rounder or Ms Lurie knew of the orders before the relevant Volchek dealings on the morning of 17 September 2010, and failed to prove that the Yuhanov installation or Russianworld posting was done by or as agent of All Rounder. However, after knowledge of the orders was accepted, All Rounder and Ms Lurie deliberately failed to take available lawful steps to contact and inhibit Ms Volchek from continuing to receive the broadcasts, deliberately referred Mr Volchek to "Dmitry" to assist provision of services contrary to orders 3(a) and 3(b), and maintained Kartina dealer advertising using All Rounder's 1800...

Court Disposition

Charges 3 and 6, to the specified extents, were established against All Rounder beyond reasonable doubt; charges 9, 10 and 11, to the specified extents, were proven against Ms Lurie beyond reasonable doubt; no charges were made good against Mr Vladimir Grinberg; other specified charges were not proven. The matter...

Orders

  • ['The hearing of the contempt motions be adjourned to 10:15 am on 16 April 2013.' 'On or before 5:00 pm on 22 March 2013 the first and tenth respondents file and serve: (a) any affidavits on which they propose to rely at the penalty hearing; and (b) an outline of their written submissions.' 'On or before 5:00 pm on...