TVBO PRODUCTION LTD v DIGILINK NZ LTD [2013] NZHC 2809

TVBO PRODUCTION LTD v DIGILINK NZ LTD [2013] NZHC 2809

The Court granted an interim injunction against Digilink NZ Ltd restraining sale, importation, installation, advertising and provision of decoder devices and related conduct because plaintiffs showed a serious question to be tried, urgency, potential for difficult‑to‑quantify and continuing harm, and service on the registered office was sufficient where the company had not maintained communication with its officers.

Citation
[2013] NZHC 2809
Parties
First Plaintiff: TVBO Production Limited; Second Plaintiff: World TV Limited; First Defendant: Digilink NZ Limited; Second Defendant: Carlton Huafang Su
Court
High Court
Jurisdiction
New Zealand
Judgment Date
23 October 2013
Procedural Posture
Interim Injunction Application (copyright and Fair Trading Act) / Application Heard; Interim Injunction Granted Against First Defendant; Adjourned for Service on Second Defendant
Outcome
Interim injunction granted against first defendant (Digilink NZ Ltd); adjourned for further service on second defendant; costs reserved.
Legal Topics
Interim Injunction, Service of Proceedings, Secondary Infringement, Importation and Sale of Decoding Devices, Fair Trading Act
Copyright Intellectual Property Civil Procedure Commercial Law Interim Injunction Service of Proceedings Secondary Infringement Importation and Sale of Decoding Devices +1 more

Case Brief

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Parties

TVBO Production Limited

First Plaintiff

World TV Limited

Second Plaintiff

Digilink NZ Limited

First Defendant

Carlton Huafang Su

Second Defendant

Procedural Posture

Interim Injunction Application (copyright and Fair Trading Act) / Application Heard; Interim Injunction Granted Against First Defendant; Adjourned for Service on Second Defendant

Legal Issues

  1. 1 Whether an interim injunction should restrain sale, importation, installation or advertising of decoder boxes enabling unauthorised access to plaintiffs' broadcasts
  2. 2 Whether service on the company's registered office was sufficient in the circumstances
  3. 3 Whether plaintiffs established a serious question to be tried, urgency and risk of irreparable harm

Ratio Decidendi

The Court granted an interim injunction against Digilink NZ Ltd restraining sale, importation, installation, advertising and provision of decoder devices and related conduct because plaintiffs showed a serious question to be tried, urgency, potential for difficult‑to‑quantify and continuing harm, and service on the registered office was sufficient where the company had not maintained communication with its officers.

Court Disposition

Interim injunction granted against first defendant (Digilink NZ Ltd); adjourned for further service on second defendant; costs reserved.

Orders

  • Pending further order of this Court, interim injunction restraining the first defendant (either by itself, its servants, agents, or howsoever) from broadcasting and/or installing any decoder or similar equipment capable of broadcasting, on any television or television network within New Zealand, any programming,...
  • Restrain from advertising or installing decoders or other electronic devices or similar equipment capable of receiving programming, film or broadcast material emanating or sourced from: (i) TVBO Production Ltd; (ii) World TV Ltd.