Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Seven Cable Television Pty Ltd v Telstra Corp Ltd [2000] FCA 21
SEVEN CABLE TELEVISION PTY LIMITED v TELSTRA CORPORATION LIMITED & ORS N1095 OF 1999 TAMBERLIN J SYDNEY 20 JANUARY 2000
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N1095 OF 1999
BETWEEN: SEVEN CABLE TELEVISION PTY LIMITED
ACN 082 901 442
APPLICANT
AND: TELSTRA CORPORATION LIMITED
ACN 051 775 556
FIRST RESPONDENT
TELSTRA MULTIMEDIA PTY LIMITED
ACN 069 279 072
SECOND RESPONDENT
TELSTRA MEDIA PTY LIMITED
ACN 069 279 027
THIRD RESPONDENT
THE NEWS CORPORATION LIMITED
ACN 007 910 330
FOURTH RESPONDENT
NEWS LIMITED
ACN 007 871 178
FIFTH RESPONDENT
SKY CABLE PTY LIMITED
ACN 069 799 640
SIXTH RESPONDENT
FOXTEL MANAGEMENT PTY LIMITED
ACN 068 671 938
SEVENTH RESPONDENT
FOXTEL MANAGEMENT PTY LIMITED
ACN 068 6781 938
FIRST CROSS CLAIMANT TO THE FIRST CROSS CLAIM
SKY CABLE PTY LIMITED
ACN 069 799 640
SECOND CROSS CLAIMANT TO THE FIRST CROSS CLAIM
TAMBERLIN J JUDGE:
DATE: 20 JANUARY 2000
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 Before me are applications to strike out subpoenas issued by the applicant Seven Cable Television Pty Limited ("Seven") in relation to its application for access to broadcasting services provided by Telstra Corporation Limited ("Telstra"). The questions require urgent resolution as the matter is listed for hearing on 31 January next. I will therefore express my conclusions with brief reasons. In the course of submissions, Counsel for Seven, after some discussion, decided not to press certain matters and compromise positions were reached in relation to certain other matters so that it is not necessary to canvass every paragraph of each of the subpoenas. Most of the subpoenas are in substantially the same form and resolution of the principal issues considered below should serve to resolve the remainder. The present applications arise after some informal discovery has taken place. I now refer to the specific subpoenas.
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