Seven Network (Operations) Limited (ACN 052 845 262) v TCN Channel Nine Pty Limited (ACN 001 549 560) [2005] FCA 540

Seven Network (Operations) Limited (ACN 052 845 262) v TCN Channel Nine Pty Limited (ACN 001 549 560) [2005] FCA 540

Although the amendment to paragraph 90.3 appeared to be an express admission of copying, the effect of the pleadings was at least doubtful, the circumstances made it likely that the amendment was intended to relate primarily, if not wholly, to substantiality, and the evidence led in the principal case meant that it was in the interests of justice to permit the issue of copying of the film shown on Today Tonight to be investigated. Leave to amend the defence was therefore granted.

Jurisdiction
Australia
Judgment Date
18 April 2005
Procedural Posture
Practice and Procedure; Copyright Proceeding / Ruling on Respondents' Application for Leave to Amend the Defence
Outcome
The respondents were granted leave to amend the defence.
Legal Topics
['late Amendment of Defence' 'admissions on Pleadings' 'breach of Copyright' 'copying' 'substantiality']
['practice and Procedure' 'copyright'] ['late Amendment of Defence' 'admissions on Pleadings' 'breach of Copyright' 'copying' 'substantiality']

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Procedural Posture

Practice and Procedure; Copyright Proceeding / Ruling on Respondents' Application for Leave to Amend the Defence

Legal Issues

  1. 1 ["Whether the respondents should be granted leave to amend the defence despite the applicants' contention that the respondents were fixed with an admission on the pleadings of breach of copyright in the film shown on Today Tonight." 'Whether the pleadings amounted to an admission of copying of the Look film.']

Ratio Decidendi

Although the amendment to paragraph 90.3 appeared to be an express admission of copying, the effect of the pleadings was at least doubtful, the circumstances made it likely that the amendment was intended to relate primarily, if not wholly, to substantiality, and the evidence led in the principal case meant that it was in the interests of justice to permit the issue of copying of the film shown on Today Tonight to be investigated. Leave to amend the defence was therefore granted.

Court Disposition

The respondents were granted leave to amend the defence.

Orders

  • ['The respondents be granted leave to amend the defence.']