G-a-m-e Network Pty Ltd v Herald & Weekly Times Ltd [1999] FCA 1857

G-a-m-e Network Pty Ltd v Herald & Weekly Times Ltd [1999] FCA 1857

The application for an interlocutory injunction was refused because the balance of convenience was against granting the injunction, adequate remedy would be available via damages or account of profits, innocent third parties would be disadvantaged, there was public interest in competition, and there was significant delay by the applicant in bringing the application.

Jurisdiction
Australia
Judgment Date
15 December 1999
Procedural Posture
Application for Interlocutory Injunction / Interlocutory
Outcome
Application for interlocutory injunction dismissed
Legal Topics
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Case Brief

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Procedural Posture

Application for Interlocutory Injunction / Interlocutory

Legal Issues

  1. 1 ['Whether an interlocutory injunction should be granted']

Ratio Decidendi

The application for an interlocutory injunction was refused because the balance of convenience was against granting the injunction, adequate remedy would be available via damages or account of profits, innocent third parties would be disadvantaged, there was public interest in competition, and there was significant delay by the applicant in bringing the application.

Court Disposition

Application for interlocutory injunction dismissed

Orders

  • ['The application for an interlocutory injunction is dismissed.' 'An amended statement of claim is to be filed and served by 23 December 1999.' 'The defence is to be filed and served by 28 January 2000.' 'The directions hearing is adjourned to 14 February 2000.' "The applicant pay the respondents' costs of the...