Nine Network Australia Pty Limited v IceTV Pty Limited (No 2) [2008] FCAFC 154

Nine Network Australia Pty Limited v IceTV Pty Limited (No 2) [2008] FCAFC 154

Orders for costs against IceTV Holdings Limited should be stayed pending a resolution of its liability for copyright infringement by the primary judge, as the issue was unresolved at trial and on appeal and is appropriately remitted to the primary judge for determination.

Jurisdiction
Australia
Judgment Date
20 August 2008
Procedural Posture
Appeal / Ruling on Interlocutory Motions After Remitter
Outcome
Orders for costs made on 8 May 2008 stayed as against IceTV Holdings Limited; proceedings for IceTV Holdings' liability remitted to the primary judge; respondents to pay appellant's costs of the motions.
Legal Topics
['copyright Infringement' 'joint Tortfeasorship' 'remitter of Proceedings' 'order for Costs' 'slip Rule Application']
['intellectual Property Law' 'practice and Procedure'] ['copyright Infringement' 'joint Tortfeasorship' 'remitter of Proceedings' 'order for Costs' 'slip Rule Application']

Case Brief

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Procedural Posture

Appeal / Ruling on Interlocutory Motions After Remitter

Legal Issues

  1. 1 ["Whether IceTV Holdings Limited is liable for infringement of Nine's copyright as a joint tortfeasor" 'Whether costs orders should apply to IceTV Holdings Limited prior to determination of liability' "Whether the 'slip rule' or inherent powers should be used to amend earlier cost orders" 'Scope of the remitter to the primary judge']

Ratio Decidendi

Orders for costs against IceTV Holdings Limited should be stayed pending a resolution of its liability for copyright infringement by the primary judge, as the issue was unresolved at trial and on appeal and is appropriately remitted to the primary judge for determination.

Court Disposition

Orders for costs made on 8 May 2008 stayed as against IceTV Holdings Limited; proceedings for IceTV Holdings' liability remitted to the primary judge; respondents to pay appellant's costs of the motions.

Orders

  • ["Orders 4 and 5(b) made on 8 May 2008 stayed as against the second respondent pending determination by the primary judge of the second respondent's liability for infringement." "The parties have liberty to apply to the Full Court after the primary judge's determination." "The respondents pay the appellant's costs...