Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nine Network Australia Pty Limited v IceTV Pty Limited (No 2) [2008] FCAFC 154
PRACTICE AND PROCEDURE – appeal allowed and proceedings remitted to primary judge – whether slip or error in Full Court's orders – whether Full Court should "clarify" scope of remitter. Federal Court Rules (Cth)O 35 r 7(3), (4) Federal Court of Australia Act 1976 (Cth) s 23 Caboolture Park Shopping Centre Pty Ltd (in liquidation) v White Industries (Qld) Pty Ltd (1993) 45 FCR 224 cited Owston Nominees No 2 Pty Ltd v Branir Pty Ltd (2003) 129 FCR 558 referred to NINE NETWORK AUSTRALIA PTY LIMITED v ICETV PTY LIMITED AND ICETV HOLDINGS LIMITED NSD 1757 OF 2007
BLACK CJ, LINDGREN & SACKVILLE JJ
20 AUGUST 2008
MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY NSD 1757 OF 2007
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: NINE NETWORK AUSTRALIA PTY LIMITED
Appellant
AND: ICETV PTY LIMITED
First Respondent
ICETV HOLDINGS LIMITED
Second Respondent
JUDGES: BLACK CJ, LINDGREN & SACKVILLE JJ DATE OF ORDER: 20 AUGUST 2008 WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. Orders 4 and 5(b) made on 8 May 2008 be stayed as against the second respondent pending a determination by the primary judge, consistently with the reasons of the Full Court, of the question of the second respondent's liability for infringement of the appellant's copyright in the appellant's Weekly Schedules. 2. The parties have liberty to apply to the Full Court after the primary judge has determined the question referred to in Order 1 above. 3. The respondents pay the appellant's costs to date of: (a) the respondents' motion brought by notice of motion filed on 19 June 2008; and (b) the appellant's motion brought by notice of motion filed on 25 June 2008. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY NSD 1757 OF 2007
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