VN International Video P/L v. West End HK TVB Video & Ors [1994] FCA 974

JUDGMENT No. wucsl ZL D4. CATCHWORDS

INTERLOCUTORY INJUNCTIONS - making copies of video supplied under a licence but which had terminated - balance of convenience - whether damage properly compensable

ANTON PILLER ORDER - manner of execution, interpretation of order

jonal Vi v Vi d Lan Thi Nguyen QG143 of 1994

RECEIVED

14 DEC 1994

FEDERAL COURT OF AUSTRALIA PRINCIPAL

IN THE FEDERAL COURT OF AUSTRALIA No. OG143 of 1994

GENERAL DIVISION BETWEEN: T. VID PTY LTD Applicant AND: WEST END HK TVB VIDEO First Respondent AND: YEN PH] NGUYEN econ d AND: LAN THI NGUYEN Third Respondent JUDGE MAKING ORDER: Kiefel J. DATE OF ORDER: 2 December 1994 WHERE MADE: Brisbane MINUTES OF ORDERS THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay each of the respondents' costs of and incidental to today to be taxed. 3. The costs of 22 November 1994 be the parties' costs in the cause.

NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules

IN THE FEDERAL COURT OF AUSTRALIA No. OG143 of 1994

NS GIS GENERAL DIVISION BETWEEN: VN R (0) VIDEO PTY LTD Applicant AND: WEST END HK TVB VIDEO First Respondent AND: YEN PHI NGUYEN Second Respondent AND: LAN THI NGUYEN d nde

CORAM: _Kiefel J. DATE: 2 December 1994

PLACE: Brisbane

REASONS FOR JUDGMENT

This matter returns to me today for a continuation of injunctions originally granted on an ex parte application to the applicant and for an extension of those injunctions. The injunctions restrain the respondents from importing or making copies of video tapes which had been supplied to them under a licence or other agreement but which had been terminated, and with respect to any videos which they have apparently continued to receive after termination of any such agreement. The extension relates to their right to hire out copies which they already have. There is a real question as to