NINE NETWORK AUSTRALIA PTY LTD v NEWS LTD and ORS [1996] NSWCA 399

NINE NETWORK AUSTRALIA PTY LTD v NEWS LTD and ORS [1996] NSWCA 399

Leave to appeal from refusal of interlocutory relief was dismissed because: (i) the asserted contractual rights did not justify interlocutory injunctive relief given the existence of a readily available market for films, rendering damages an adequate remedy; (ii) the applicants' rights were not proprietary; (iii) the balance of convenience did not favour relief; and (iv) no significant error or issue merited the intervention of the Court at the interlocutory stage.

Parties
Appellant: Nine Network Australia Pty Ltd; First Respondent: News Ltd; Second Respondent: Twentieth Century Fox Film Corporation (Australia) Pty Ltd; Third Respondent: Seven Network Ltd
Jurisdiction
Australia
Judgment Date
29 November 1996
Procedural Posture
Interlocutory Application for Leave to Appeal / Application for Leave to Appeal Against Refusal of Interlocutory Injunction
Outcome
Leave to appeal refused; summons dismissed with costs.
Legal Topics
Interlocutory Relief, Injunctions, Adequacy of Damages, Competing Contractual Rights
Contract Equity Commercial Law Interlocutory Relief Injunctions Adequacy of Damages Competing Contractual Rights

Case Brief

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Parties

Nine Network Australia Pty Ltd

Appellant

News Ltd

First Respondent

Twentieth Century Fox Film Corporation (Australia) Pty Ltd

Second Respondent

Seven Network Ltd

Third Respondent

Procedural Posture

Interlocutory Application for Leave to Appeal / Application for Leave to Appeal Against Refusal of Interlocutory Injunction

Legal Issues

  1. 1 Whether leave to appeal should be granted from refusal of interlocutory injunction
  2. 2 Whether damages are an adequate remedy in the context of rights to select broadcast films
  3. 3 Whether the applicant's rights are proprietary or merely contractual

Ratio Decidendi

Leave to appeal from refusal of interlocutory relief was dismissed because: (i) the asserted contractual rights did not justify interlocutory injunctive relief given the existence of a readily available market for films, rendering damages an adequate remedy; (ii) the applicants' rights were not proprietary; (iii) the balance of convenience did not favour relief; and (iv) no significant error or issue merited the intervention of the Court at the interlocutory stage.

Court Disposition

Leave to appeal refused; summons dismissed with costs.

Orders

  • Summons dismissed with costs.