Connect TV Pty Ltd v All Rounder Investments Pty Ltd No 2 [2012] FCA 92

Connect TV Pty Ltd v All Rounder Investments Pty Ltd No 2 [2012] FCA 92

The injunctions were interlocutory and, at least as to All Rounder, made in the absence of a party, so r 39.05 was engaged. The Court was not advised of material matters concerning the scope and status of Connect TV's rights in the broadcast categories. Had full disclosure occurred, injunctions in the broad terms originally made would not have been granted; they would have been confined to Category (a), and only NTV World. The injunctions against the first, tenth and eighteenth respondents were therefore discharged and replaced with a narrower restraint concerning NTV World/NTV Mir broadcasts.

Jurisdiction
Australia
Judgment Date
14 February 2012
Procedural Posture
Copyright Proceeding Concerning Russian Language Broadcasts / Interlocutory Application by the First, Tenth and Eighteenth Respondents to Discharge Interlocutory Injunctions
Outcome
Interlocutory injunctions against the first, tenth and eighteenth respondents discharged and replaced by a narrower injunction restraining broadcast or facilitation of broadcast of NTV World/NTV Mir; first applicant ordered to pay costs of the discharge application.
Legal Topics
['copyright Broadcasts' 'interlocutory Injunctions' 'variation or Setting Aside of Orders' 'disclosure on Applications Made in the Absence of a Party']
['intellectual Property' 'civil Procedure'] ['copyright Broadcasts' 'interlocutory Injunctions' 'variation or Setting Aside of Orders' 'disclosure on Applications Made in the Absence of a Party']

Case Brief

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Procedural Posture

Copyright Proceeding Concerning Russian Language Broadcasts / Interlocutory Application by the First, Tenth and Eighteenth Respondents to Discharge Interlocutory Injunctions

Legal Issues

  1. 1 ['Whether the interlocutory injunctions made on 14 September 2010 and 15 March 2011 against the first, tenth and eighteenth respondents should be discharged or varied under Federal Court Rules 2011 r 39.05.' "Whether the Court had not been advised of material matters concerning the applicants' rights in the categories of copyright broadcasts when the injunctions were granted." 'Whether the injunctions should continue only in relation to NTV World broadcasts.']

Ratio Decidendi

The injunctions were interlocutory and, at least as to All Rounder, made in the absence of a party, so r 39.05 was engaged. The Court was not advised of material matters concerning the scope and status of Connect TV's rights in the broadcast categories. Had full disclosure occurred, injunctions in the broad terms originally made would not have been granted; they would have been confined to Category (a), and only NTV World. The injunctions against the first, tenth and eighteenth respondents were therefore discharged and replaced with a narrower restraint concerning NTV World/NTV Mir broadcasts.

Court Disposition

Interlocutory injunctions against the first, tenth and eighteenth respondents discharged and replaced by a narrower injunction restraining broadcast or facilitation of broadcast of NTV World/NTV Mir; first applicant ordered to pay costs of the discharge application.

Orders

  • ['The injunctions made 14 September 2010 and 15 March 2011 against the first, tenth and eighteenth respondents respectively be discharged.' 'The first, tenth and eighteenth respondents be restrained, whether by themselves, their servants or their agents, or otherwise howsoever until the hearing and determination of...