Foxtel Management Pty Ltd v Seven Cable Television Pty Ltd [2000] FCA 1399

Foxtel Management Pty Ltd v Seven Cable Television Pty Ltd [2000] FCA 1399

The motion was dismissed because the asserted standards right and channel numbers right were not relevant protected contractual rights at the material time. The channel numbers provisions in clause 5.4 were not settled by 23 October 1995 because they depended on clauses 2.10 and 2.11, which remained proposals. In any event, even if the 23 October 1995 letter created binding interim obligations, after the failure of the Australis merger any surviving obligation was only a right to require entry into a long form Broadband Cooperation Agreement, not the asserted rights under clauses 5.1 or 5.4 as at 13 September 1996.

Jurisdiction
Australia
Judgment Date
05 October 2000
Procedural Posture
Appeal; Notice of Motion for Further Consideration / Full Court Notice of Motion Filed After Judgment Dismissing the Appeal and Before Entry of the Dismissal Order
Outcome
Notice of motion dismissed; no order as to costs.
Legal Topics
['protected Contractual Rights' 'access Requests' 'broadband Cooperation Agreement' 'separate Questions' 'further Consideration']
['competition and Consumer Law' 'telecommunications Law' 'contract Law' 'civil Procedure'] ['protected Contractual Rights' 'access Requests' 'broadband Cooperation Agreement' 'separate Questions' 'further Consideration']

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Procedural Posture

Appeal; Notice of Motion for Further Consideration / Full Court Notice of Motion Filed After Judgment Dismissing the Appeal and Before Entry of the Dismissal Order

Legal Issues

  1. 1 ["Whether the appellants' notice of motion should be granted to set aside the order dismissing the appeal insofar as it dealt with Foxtel's asserted protected contractual rights concerning broadband service standards and channel numbers." 'Whether Foxtel had a protected contractual right at the material time in relation to the standard of the broadband service provided by Telstra Multimedia.' 'Whether Foxtel had a protected contractual right at the material time in relation to the number and type of channels required by Foxtel.']

Ratio Decidendi

The motion was dismissed because the asserted standards right and channel numbers right were not relevant protected contractual rights at the material time. The channel numbers provisions in clause 5.4 were not settled by 23 October 1995 because they depended on clauses 2.10 and 2.11, which remained proposals. In any event, even if the 23 October 1995 letter created binding interim obligations, after the failure of the Australis merger any surviving obligation was only a right to require entry into a long form Broadband Cooperation Agreement, not the asserted rights under clauses 5.1 or 5.4 as at 13 September 1996.

Court Disposition

Notice of motion dismissed; no order as to costs.

Orders

  • ['The notice of motion filed by the appellants on 7 September 2000 is dismissed.']