WIN Corporation Pty Ltd v Nine Network Australia Pty Limited [2016] NSWSC 153

WIN Corporation Pty Ltd v Nine Network Australia Pty Limited [2016] NSWSC 153

Leave should be granted to Nine to issue a Notice to Produce limited to specific reports and communications addressed to Mr Andrew Lancaster, Ms Shirley Brown, or the WIN Board or minutes referring to Nine's proposed or intended internet streaming into WIN licence areas, within the defined timeframe.

Jurisdiction
Australia
Judgment Date
29 February 2016
Procedural Posture
Equity Commercial List / Interlocutory Application for Leave to Issue Notice to Produce
Outcome
Leave granted to Nine to issue Notice to Produce, costs in the cause.
Legal Topics
['notice to Produce' 'discovery' 'interpretation of Contract' 'interim Injunction' 'estoppel']
['commercial Law' 'equity' 'civil Procedure'] ['notice to Produce' 'discovery' 'interpretation of Contract' 'interim Injunction' 'estoppel']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Equity Commercial List / Interlocutory Application for Leave to Issue Notice to Produce

Legal Issues

  1. 1 ['Whether leave should be granted to Nine to issue a notice to produce to WIN for documents relevant to alleged breach of Program Supply Agreement' 'Whether WIN delayed in asserting its contractual rights regarding internet streaming' "Whether the term 'broadcast' has a technical meaning excluding internet streaming" "Estoppel defence based on WIN's knowledge of Nine's intention"]

Ratio Decidendi

Leave should be granted to Nine to issue a Notice to Produce limited to specific reports and communications addressed to Mr Andrew Lancaster, Ms Shirley Brown, or the WIN Board or minutes referring to Nine's proposed or intended internet streaming into WIN licence areas, within the defined timeframe.

Court Disposition

Leave granted to Nine to issue Notice to Produce, costs in the cause.

Orders

  • ['Grant leave to Nine to issue a Notice to Produce addressed to WIN requiring specified documents be produced for inspection by Nine by 5pm on Friday 4 March 2016.' "The costs of Nine's application for leave to issue the notice to produce and of WIN's earlier application to vary the orders for suppression made by...