Nine Films & Television Pty Ltd (ACN 066 040 024) v Ninox Television Limited (formerly known as Ninox Films Limited) [2005] FCA 1656

Nine Films & Television Pty Ltd (ACN 066 040 024) v Ninox Television Limited (formerly known as Ninox Films Limited) [2005] FCA 1656

Given parties' agreement and limited relief remaining, it is appropriate to grant leave to appeal; given commercial urgency and related US proceedings, expedition is appropriate; security for costs to be provided.

Jurisdiction
Australia
Judgment Date
10 November 2005
Procedural Posture
Application for Leave to Appeal / Ruling on Application for Leave to Appeal and Related Interlocutory Orders
Outcome
Leave to appeal granted; hearing of the appeal expedited; security for costs to be given; notice of appeal to be filed and served within seven days; costs reserved.
Legal Topics
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Case Brief

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Procedural Posture

Application for Leave to Appeal / Ruling on Application for Leave to Appeal and Related Interlocutory Orders

Legal Issues

  1. 1 ['Whether leave to appeal should be granted from decision of Tamberlin J delivered 30 September 2005' 'Whether hearing of the appeal should be expedited' 'Whether security for costs should be ordered']

Ratio Decidendi

Given parties' agreement and limited relief remaining, it is appropriate to grant leave to appeal; given commercial urgency and related US proceedings, expedition is appropriate; security for costs to be provided.

Court Disposition

Leave to appeal granted; hearing of the appeal expedited; security for costs to be given; notice of appeal to be filed and served within seven days; costs reserved.

Orders

  • ['First and Third Respondents granted leave to appeal judgment of Tamberlin J delivered 30 September 2005.' 'Hearing of the appeal to be expedited pursuant to O 52 r 37 of the Federal Court Rules.' "First and Third Respondents to give security for Applicants' costs in respect of the appeal." 'Security to be agreed...