Sky Channel Pty Limited v Austar Entertainment Pty Limited & Thoroughvision Pty Limited [2005] NSWSC 851

Sky Channel Pty Limited v Austar Entertainment Pty Limited & Thoroughvision Pty Limited [2005] NSWSC 851

The Court, in the principled exercise of its discretion, ordered that the defendants pay the plaintiff's costs of the motion for injunctive relief due to the nature of the interlocutory proceedings and the conduct of the defendants in taking a calculated risk.

Jurisdiction
Australia
Judgment Date
25 August 2005
Procedural Posture
Interlocutory Application / Costs Decision Post Interlocutory Injunctive Application
Outcome
Defendants to pay plaintiff's costs
Legal Topics
['costs' 'interlocutory Injunctions']
['equity' 'commercial Law'] ['costs' 'interlocutory Injunctions']

Case Brief

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Procedural Posture

Interlocutory Application / Costs Decision Post Interlocutory Injunctive Application

Legal Issues

  1. 1 ['Appropriate order for costs following interlocutory injunctive application']

Ratio Decidendi

The Court, in the principled exercise of its discretion, ordered that the defendants pay the plaintiff's costs of the motion for injunctive relief due to the nature of the interlocutory proceedings and the conduct of the defendants in taking a calculated risk.

Court Disposition

Defendants to pay plaintiff's costs

Orders

  • ["The defendants pay the plaintiff's costs of the motion for interlocutory relief."]