12 Jul 2017
Costs were reserved for determination at the final hearing because it would be premature to assess proportionality and any reduction under r14.7 without considering the merits and final outcome; certification for second counsel was declined as unjustified.
12 Aug 2016
Court granted Sky leave to proceed as exclusive licensee under s124; found there is a serious question to be tried that Fairfax's use may infringe copyright and that the balance of convenience favors relief only in respect of Fairfax's automatic playlist function, which the Court found to be beyond fair dealing and SNAR norms and therefore susceptible to mandatory interim relief; in all other respects interim relief was refused and the matter should be determined at trial if contested.
18 Sept 2007
The judge found a strong case that Sky's use of TV3 footage in magazine‑style programmes (The Cup, The Crowd Goes Wild, Reunion) was not 'for the purpose of reporting current events' and that the aggregate rate and repetition across Sky's multi‑channel platform made the dealing unfair and likely to undermine TV3's exclusive rights; accordingly an interlocutory injunction was granted in part, restricting use in magazine programmes and imposing per‑day and three‑hour interval limits for news/sports news uses consistent with industry guidance.
26 Jul 2007
The court held that the plaintiff had an arguable case under Trade Marks Act s10 and for copyright infringement in relation to the logo and name, but not under Fair Trading Act s16 because the defendant was not 'in trade'; applying the arguable case test (not the Bonnard high threshold) the balance of convenience favored interim removal of the plaintiff's logo and name from the front page of the mock report.