Yau's Entertainment Pty Ltd v Asia Television Ltd [2002] FCAFC 378

Yau's Entertainment Pty Ltd v Asia Television Ltd [2002] FCAFC 378

The respondents failed to establish any exceptional circumstance justifying reopening or varying the Court’s earlier judgment before entry, as the issues raised either had been dealt with or any misapprehension was attributable to their own conduct, and there was no failure to hear any party on the relevant issues.

Jurisdiction
Australia
Judgment Date
27 November 2002
Procedural Posture
Motion / Post Appeal, Pre Entry of Orders
Outcome
motion dismissed
Legal Topics
['variation of Orders' 'reopening Judgment' 'implied Contractual Terms' 'damages for Copyright Infringement']
['practice and Procedure' 'contract Law' 'copyright Law'] ['variation of Orders' 'reopening Judgment' 'implied Contractual Terms' 'damages for Copyright Infringement']

Case Brief

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Procedural Posture

Motion / Post Appeal, Pre Entry of Orders

Legal Issues

  1. 1 ['Whether the Full Court should reconsider or vary its reasons and orders dated 28 March 2002 under Order 35 rule 7 of the Federal Court Rules' 'Whether damages under section 115(4) of the Copyright Act 1968 should be set aside or varied' 'Whether a term was to be inferred or implied into the Licence Agreement']

Ratio Decidendi

The respondents failed to establish any exceptional circumstance justifying reopening or varying the Court’s earlier judgment before entry, as the issues raised either had been dealt with or any misapprehension was attributable to their own conduct, and there was no failure to hear any party on the relevant issues.

Court Disposition

motion dismissed

Orders

  • ['The motion, notice of which was filed on 8 October 2002, be dismissed.' "The respondents pay the applicant's costs of and incidental to the motion."]