Australian Broadcasting Corporation v Seven Network Limited [2005] FCA 1851

Australian Broadcasting Corporation v Seven Network Limited [2005] FCA 1851

The applicants made reasonable inquiries but could not ascertain the identity of the relevant persons; the second respondent is likely to possess documents or knowledge necessary for identification; and making the order is necessary in the interests of justice. The requirements for preliminary discovery under O 15A r 3 are satisfied. The order is not appropriate against the first respondent as a holding company, as there is no basis to infer it holds relevant information.

Parties
First Applicant: australian broadcasting corporation; Second Applicant: zapruder's other films pty limited; First Respondent: seven network limited; Second Respondent: channel seven sydney pty limited
Jurisdiction
Australia
Judgment Date
16 December 2005
Procedural Posture
Practice and Procedure – Preliminary Discovery / Application for Preliminary Discovery Under O 15 a R 3 of the Federal Court Rules
Outcome
Application for preliminary discovery granted as against the second respondent; refused as against the first respondent.
Legal Topics
Preliminary Discovery, Reasonable Inquiries, Order 15 a Rule 3, Misleading or Deceptive Conduct, Copyright, Trade Practices Act S 52
Practice and Procedure Preliminary Discovery Reasonable Inquiries Order 15 a Rule 3 Misleading or Deceptive Conduct Copyright Trade Practices Act S 52

Case Brief

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Parties

australian broadcasting corporation

First Applicant

zapruder's other films pty limited

Second Applicant

seven network limited

First Respondent

channel seven sydney pty limited

Second Respondent

Procedural Posture

Practice and Procedure – Preliminary Discovery / Application for Preliminary Discovery Under O 15 a R 3 of the Federal Court Rules

Legal Issues

  1. 1 Whether the applicants have made reasonable inquiries under O 15A r 3(1) of the Federal Court Rules before seeking preliminary discovery
  2. 2 Whether the respondents are likely to have possession of documents or knowledge relating to the identification of the relevant persons
  3. 3 Whether making the order is necessary in the interests of justice

Ratio Decidendi

The applicants made reasonable inquiries but could not ascertain the identity of the relevant persons; the second respondent is likely to possess documents or knowledge necessary for identification; and making the order is necessary in the interests of justice. The requirements for preliminary discovery under O 15A r 3 are satisfied. The order is not appropriate against the first respondent as a holding company, as there is no basis to infer it holds relevant information.

Court Disposition

Application for preliminary discovery granted as against the second respondent; refused as against the first respondent.

Orders

  • The second respondent make discovery to the applicants of all documents which are or have been in their possession relating to the name, place of residence, place of business and occupation of the producer(s), reporter(s), editor(s) responsible for the 'Australian Idol' segment of Today Tonight broadcast on 10...
  • The second respondent pay the applicants' costs of the proceeding.