News Ltd v Australian Rugby Football League Ltd [1996] FCA 1204

JUQGMENT No. cecccansannssoneseel eungnseceset JUDGMENT No. Second LBB

IN_ THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY ) NG 197 of 1995 ) GENERAL DIVISION )

CORAM: PLACE:

DATE:

BETWEEN:

AND:

AND BETWEEN:

AND BETWEEN:

AND:

AND BETWEEN:

AND:

Burchett J. Sydney 11 March 1996

NEWS LIMITED

Applicant

AUSTRALIAN RUGBY FOOTBALL LEAGUE LIMITED & OTHER

Respondents

AUSTRALIAN RUGBY FOOTBALL LEAGUE LIMITED & ANOTHER

Cross-Claimants in the First Cross-Claim

NEWS LIMITED & OTHERS '

Cross-Respondents to the First Cross-Claim

SOUTH SYDNEY DISTRICT RUGBY LEAGUE FOOTBALL CLUB LIMITED & OTHERS

Cross—Claimants in the Second Cross-Claim

NEWS LIMITED & OTHERS

Cross~Respondents to the Second Cross-Claim

BRISBANE BRONCOS RUGBY LEAGUE CLUB LIMITED & OTHERS

Cross-Claimants in additional Cross-Claims

AUSTRALIAN RUGBY FOOTBALL LEAGUR LIMITED & ANOTHER

Cross—Respondents to additional Cross~Claims

2. EX TEMPORE REASONS FOR JUDGMENT

I make the orders which are contained in the document I have had prepared utilising the various short minutes that

were handed up. I will have that handed down now.

A stay has been sought pending an application for leave to appeal, and pending any appeal. I think it would be right to stay order 8 upon the appointment of a Receiver on

appropriate terms.

As regards the remaining orders, it has to be borne in mind that the proceedings were brought on, conducted, and determined with a considerable sense of urgency. This was done, quite expressly, as a more desirable course than the holding of an interlocutory hearing in the middle of last year. All parties expressed or acquiesced in the view that I should decide the matter, before the commencement of the 1996 competition, for the very reason that some finality about the claims and counter-claims affecting the conduct of that

competition was seen as essential.