Sydney SuperDome v Consolidated Press [2000] NSWSC 843

Sydney SuperDome v Consolidated Press [2000] NSWSC 843

Interlocutory relief was refused because, although a serious question to be tried was accepted, the plaintiffs' case was relatively weak: the evidence suggested the Barry White act was not suitable for the SuperDome as it stood, and the only serious basis for suitability depended on uncertain and unapproved curtaining to reduce capacity. The balance of convenience favoured DCE because the likely losses and reputational harm to DCE and the performer if an injunction were granted were considerably greater than the plaintiffs' loss of a chance to secure and profit from the booking.

Jurisdiction
Australia
Judgment Date
23 August 2000
Procedural Posture
Application for Interlocutory Injunction / Interlocutory Hearing
Outcome
The claim for interlocutory relief was dismissed with costs.
Legal Topics
['interlocutory Injunction' 'implied Negative Stipulation' 'rights of First and Last Refusal' 'venue Booking Agreement' 'balance of Convenience']
['contract Law' 'equity' 'commercial Law'] ['interlocutory Injunction' 'implied Negative Stipulation' 'rights of First and Last Refusal' 'venue Booking Agreement' 'balance of Convenience']

Case Brief

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Procedural Posture

Application for Interlocutory Injunction / Interlocutory Hearing

Legal Issues

  1. 1 ['Whether the Barry White performance was a "Sydney metropolitan indoor arena suitable act" within cl 16.1(a) of the ticketing agreement.' 'Whether DCE breached an implied negative stipulation by promoting the Barry White concerts at the Sydney Entertainment Centre without giving the plaintiffs rights of first and last refusal.' 'Whether the balance of convenience favoured granting interlocutory relief restraining ticket sales, advertising or preparation of the performance.']

Ratio Decidendi

Interlocutory relief was refused because, although a serious question to be tried was accepted, the plaintiffs' case was relatively weak: the evidence suggested the Barry White act was not suitable for the SuperDome as it stood, and the only serious basis for suitability depended on uncertain and unapproved curtaining to reduce capacity. The balance of convenience favoured DCE because the likely losses and reputational harm to DCE and the performer if an injunction were granted were considerably greater than the plaintiffs' loss of a chance to secure and profit from the booking.

Court Disposition

The claim for interlocutory relief was dismissed with costs.

Orders

  • ['The claim in par 1 of the amended summons be dismissed with costs.' 'The exhibits on the interlocutory hearing can be returned and retained for any further hearing.' 'I direct the matter be placed in the expedition list on 25 August 2000.']