Sky Channel Pty Limited v Lawrence Keith Wall [2003] FCA 613

Sky Channel Pty Limited v Lawrence Keith Wall [2003] FCA 613

Given evidence of either a contractual breach or copyright infringement related to pay television signals at the National Hotel, and the appropriateness of ex parte relief, the Court granted the joinder of further parties and limited orders for delivery up of set top boxes and smart cards, with procedural protections for respondents.

Jurisdiction
Australia
Judgment Date
17 June 2003
Procedural Posture
Motion for Joinder and Interlocutory Relief / Ex Parte Hearing of Notice of Motion
Outcome
Ex parte orders made; respondents joined; limited orders for delivery up of devices granted; directions for service of reasons; future review of joinder indicated.
Legal Topics
['joinder of Parties' 'interlocutory Orders' 'delivery Up' 'copyright Infringement' 'contract Breach']
['intellectual Property' 'contract'] ['joinder of Parties' 'interlocutory Orders' 'delivery Up' 'copyright Infringement' 'contract Breach']

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Procedural Posture

Motion for Joinder and Interlocutory Relief / Ex Parte Hearing of Notice of Motion

Legal Issues

  1. 1 ['Whether additional parties should be joined as respondents' 'Whether interlocutory orders for delivery up of set top boxes and smart cards should be made' 'Whether there is a breach of contract or infringement of Part 5AA of the Copyright Act 1968 (Cth)']

Ratio Decidendi

Given evidence of either a contractual breach or copyright infringement related to pay television signals at the National Hotel, and the appropriateness of ex parte relief, the Court granted the joinder of further parties and limited orders for delivery up of set top boxes and smart cards, with procedural protections for respondents.

Court Disposition

Ex parte orders made; respondents joined; limited orders for delivery up of devices granted; directions for service of reasons; future review of joinder indicated.

Orders

  • ['Leave granted for applicants to join E.B.& D.L. Evans Pty Limited, Bruce Edward Evans and Deborah Lea Evans as respondents.' 'Order for delivery up to a nominated agent (local solicitor) of set top boxes and smart cards at the hotel and other premises identified in the evidence where there is or has been a...