TV Plus Broadcasting Company Pty Limited v United Broadcasting International Pty Limited [2012] FCA 565

TV Plus Broadcasting Company Pty Limited v United Broadcasting International Pty Limited [2012] FCA 565

Leave to proceed was granted because TV Plus would suffer a disadvantage if leave were refused that outweighed any disadvantage to UBI, having regard to Part 5.3A of the Corporations Act 2001 (Cth). An interlocutory injunction was granted because the material established that since 23 March 2012 TV Plus held an exclusive licence to rebroadcast the Pink Channels in Australia, UBI had rebroadcast and continued to rebroadcast those channels, there was no arguable case that TV Plus lacked the exclusive licence or that UBI had a legal right to rebroadcast them, and the balance of convenience overwhelmingly supported relief.

Jurisdiction
Australia
Judgment Date
17 May 2012
Procedural Posture
Application for Interlocutory Injunction and Leave to Proceed During Administration / Interlocutory Application Dated 18 April 2012
Outcome
Leave to proceed granted and interlocutory injunction granted in part; other relief dismissed and proceeding otherwise stayed until further order.
Legal Topics
['interlocutory Injunction' 'exclusive Licence to Rebroadcast Foreign Television and Radio Channels' 'stay of Proceedings During Voluntary Administration' 'leave to Proceed Under S 440 D(1)(b) of the Corporations Act 2001 (cth)']
['copyright' 'corporations'] ['interlocutory Injunction' 'exclusive Licence to Rebroadcast Foreign Television and Radio Channels' 'stay of Proceedings During Voluntary Administration' 'leave to Proceed Under S 440 D(1)(b) of the Corporations Act 2001 (cth)']

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Procedural Posture

Application for Interlocutory Injunction and Leave to Proceed During Administration / Interlocutory Application Dated 18 April 2012

Legal Issues

  1. 1 ['Whether TV Plus should be granted leave under s 440D(1)(b) of the Corporations Act 2001 (Cth) to proceed with its interlocutory application after the appointment of an administrator to UBI.' 'Whether TV Plus established a prima facie case that it held an exclusive licence to rebroadcast the Pink Channels in Australia and that UBI had no legal right to rebroadcast them.' 'Whether the balance of convenience favoured granting an interlocutory injunction restraining UBI from broadcasting the Pink Channels in Australia.']

Ratio Decidendi

Leave to proceed was granted because TV Plus would suffer a disadvantage if leave were refused that outweighed any disadvantage to UBI, having regard to Part 5.3A of the Corporations Act 2001 (Cth). An interlocutory injunction was granted because the material established that since 23 March 2012 TV Plus held an exclusive licence to rebroadcast the Pink Channels in Australia, UBI had rebroadcast and continued to rebroadcast those channels, there was no arguable case that TV Plus lacked the exclusive licence or that UBI had a legal right to rebroadcast them, and the balance of convenience overwhelmingly supported relief.

Court Disposition

Leave to proceed granted and interlocutory injunction granted in part; other relief dismissed and proceeding otherwise stayed until further order.

Orders

  • ['Until trial or further order, the first respondent, whether by itself, its servants, employees, agents or otherwise howsoever be restrained from broadcasting in Australia the television channels of the second respondent currently known as PINK PLUS, PINK EXTRA, PINK FILM, PINK MUSIC and PINK FOLK and all radio...