TCN Channel Nine Pty Limited v Network Ten Limited [2001] FCA 1282

FEDERAL COURT OF AUSTRALIA

TCN Channel Nine Pty Limited v Network Ten Limited [2001] FCA 1282

COSTS – discretion to award costs – successful respondent found not to be in breach of television broadcast copyright - respondent failed on certain alternative defences – whether any apportionment of the successful respondent's entitlement to costs should be made – discussion of principles relevant to discretion to apportion costs – apportionment confined to percentage of the successful party's costs.

Federal Court of Australia Act 1976 (Cth) s 43(2)

Cretazzo v Lombardi (1975) 13 SASR 4 referred to Gladstone Park Shopping Centre Pty Ltd v Wills (1984) 6 FCR 496 referred to Hughes v Western Australian Cricket Association Inc (1986) ATPR 40-748 followed Inn Leisure Industries Pty Ltd v D F McCloy Pty Ltd (No 2) (1991) 28 FCR 172 followed Oshlack v Richmond River Council (1998) 193 CLR 72 referred to Smeaton Hanscomb & Co Ltd v Sassoon I Setty, Son & Co (No 2) [1953] 1 WLR 1481 referred to TCN Channel Nine Pty Ltd v Network Ten Pty Ltd (2001) 50 IPR 335 cited TCN Channel Nine Pty Ltd v Network Ten Pty Ltd [2001] FCA 841 cited TCN CHANNEL NINE PTY LIMITED, QUEENSLAND TELEVISION LIMITED & GENERAL TELEVISION CORPORATION PTY LIMITED v NETWORK TEN LIMITED N 105 OF 2000 CONTI J 10 SEPTEMBER 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 105 OF 2000

BETWEEN: TCN CHANNEL NINE PTY LIMITED

FIRST APPLICANT

QUEENSLAND TELEVISION LIMITED

SECOND APPLICANT

GENERAL TELEVISION CORPORATION PTY LIMITED

THIRD APPLICANT

AND: NETWORK TEN PTY LIMITED

RESPONDENT

JUDGE: CONTI J

DATE OF ORDER: 10 SEPTEMBER 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The Applicants pay eighty per centum (80%) of the Respondent's costs of the proceedings. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.