Sky Channel Pty Limited v Austar Entertainment Pty Limited & Thoroughvision Pty Limited [2005] NSWSC 815

Sky Channel Pty Limited v Austar Entertainment Pty Limited & Thoroughvision Pty Limited [2005] NSWSC 815

The Court held that, notwithstanding the evidence and arguments of inconvenience to Austar and its subscribers, Sky Channel established a serious question to be tried and damages would not be an adequate remedy for loss of exclusivity. The balance of convenience favoured preserving the status quo by continuing interlocutory orders until final determination.

Jurisdiction
Australia
Judgment Date
11 August 2005
Procedural Posture
Application for Interlocutory Injunction / Interlocutory Hearing and Determination of Orders Pending Final Hearing
Outcome
Interlocutory orders extended until determination of proceedings
Legal Topics
['interlocutory Injunctions' 'negative Stipulations in Contract' 'balance of Convenience' 'exclusive Licensing' 'remedies for Breach of Contract']
['contract' 'equity' 'commercial Law'] ['interlocutory Injunctions' 'negative Stipulations in Contract' 'balance of Convenience' 'exclusive Licensing' 'remedies for Breach of Contract']

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Procedural Posture

Application for Interlocutory Injunction / Interlocutory Hearing and Determination of Orders Pending Final Hearing

Legal Issues

  1. 1 ['Whether interlocutory injunctive relief should be granted to restrain Austar from making TVN Channel available to its subscribers pending final determination' 'Whether Sky Channel has a serious question to be tried and if damages would be an adequate remedy' 'Effect of loss of exclusivity under the Pay TV Agreement']

Ratio Decidendi

The Court held that, notwithstanding the evidence and arguments of inconvenience to Austar and its subscribers, Sky Channel established a serious question to be tried and damages would not be an adequate remedy for loss of exclusivity. The balance of convenience favoured preserving the status quo by continuing interlocutory orders until final determination.

Court Disposition

Interlocutory orders extended until determination of proceedings

Orders

  • ['Interlocutory injunctions to be continued, restraining Austar from making the TVN Channel available to its subscribers, until the determination of the final hearing.']