Australian Broadcasting Commission v. Parish, R.J. & Ors being the members of the Australian Cricket Board [1980] FCA 1

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISION

2 January 1980

No. G 83 of 1979

et er er we

BETWEEN :

AUSTRALIAN BROADCASTING COMMISSION Applicant

AND ;:

ROBERT JAMES PARISH AND ORS BEING THE MEMBERS OF THE AUSTRALIAN CRICKET BOARD

First to Fourteenth Respondents

PBL MARKETING PTY LIMITED Fifteenth Resnondent WORLD SERIES CRICKET PTY LIMITED . Sixteenth Respondent

PUBLISHING AND BROADCASTING LIMITED

Seventeenth Respondent

ST.JOHN J.

By an application dated 21 December, 1979 the Australian

Broadcasting Commission sought, inter alia, interlocutory

relief against the respondents in respect to an agreement

entered into between the first fourteen respondents and the

three remaining respondents whom I shall refer to as the

personal respondents and the company respondents. That

agreement, originally entered into on 30 May, 1979 and

« - ./2

reaffirmed on 2] November, 1979, provided that the Australian

Cricket Board, an unincorporated association, of which the

personal respondents were members, granted to the company

respondents the exclusive right to televise international

cricket organised by that board. The rights are exclusive

in the sense that no other television station can be granted

such rights according to the terms of the agreement.

The applicant amended the orderg sought against the respondents.

They are as follows:-

That the first to fourteenth respondents be restrained

pending the determination of the proceedings or until

further order from engaging in the following conduct

namely:

(a)

(b)

giving effect to Clauses 1 and 2 of the contract, arrangement or understanding between the first to fourteenth respondents and the fifteenth to seventeenth respondents dated the 30th May, 1979 as amended by the contract, arrangement or understanding of the 21st November, 1979 for the purpose of or with the likely effect of preventing restricting or limiting the supply of services namely Television Rights to Cricket Test Matches by the first to fourteenth respondents;