Foxtel Cable Television Pty Ltd v Nine Network Australia Pty Ltd & Anor [1997] FCA 185

C A T C H W O R D S BROADCASTING - Anti-siphoning provisions - Declared events - Cricket matches in South Africa - Agreement with commercial television broadcasting licensee for right to televise each match but transmission delayed until 168 hours after completion of the match - Agreement permitted one hour's highlights each day - Whether the licensee had "the right to televise the event". Broadcasting Services Act 1992, s 155, Schedule 2, Part 6, Condition 10(1)(e). No. NG.144 of 1997 FOXTEL CABLE TELEVISION PTY LIMITED (ACN 069 008 797) v NINE NETWORK AUSTRALIA PTY LTD (ACN 005 685 407) and AUSTRALIAN BROADCASTING AUTHORITY CORAM: WILCOX, LEE and R D NICHOLSON JJ PLACE: SYDNEY (HEARD IN PERTH) DATE: 26 MARCH 1997

IN THE FEDERAL COURT OF AUSTRALIA ) ) No. NG.144 of 1997 NEW SOUTH WALES DISTRICT REGISTRY ) ) GENERAL DIVISION ) ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: FOXTEL CABLE TELEVISION PTY LIMITED (ACN 069 008 797) Appellant

AND: NINE NETWORK AUSTRALIA PTY LTD (ACN 005 685 407) First Respondent and AUSTRALIAN BROADCASTING AUTHORITY Second Respondent CORAM: WILCOX, LEE and R D NICHOLSON JJ PLACE: SYDNEY (HEARD IN PERTH) DATE: 26 MARCH 1997 MINUTES OF ORDER

THE COURT ORDERS THAT:

1. The appeal be dismissed 2. The appellant, Foxtel Cable Television Pty Limited, pay to the first respondent, Nine Network Australian Pty Limited, its costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) ) No. NG.144 of 1997 NEW SOUTH WALES DISTRICT REGISTRY ) ) GENERAL DIVISION ) ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: FOXTEL CABLE TELEVISION PTY LIMITED (ACN 069 008 797) Appellant