AAV Australia Pty Ltd v ISIS Broadcast Media Pty Ltd [2002] FCA 691

FEDERAL COURT OF AUSTRALIA

AAV Australia Pty Ltd v ISIS Broadcast Media Pty Ltd [2002] FCA 691 INTERLOCUTORY INJUNCTION – applicants seeking an injunction to restrain conduct of respondent – agreement between parties to distribute dubs of television commercials via satellite transmission – distribution of dubs by courier – whether distribution is competitive with agreed mode of distribution – whether conduct of respondent is in breach of Agreement – whether serious question to be tried – whether restraint would be in breach of Part IV of the Trade Practices Act 1974 (Cth) – restraint of trade – effect of damages clause – balance of convenience

Trade Practices Act 1974 (Cth) ss 45(2) and 47(6)

Castlemaine Tooheys Ltd v South Australia (1986) 161 CLR 148 cited Castlemaine Tooheys Ltd v Williams & Hodgson Transport Pty Ltd (1986) 162 CLR 395 applied South Sydney District Rugby League Football Club Ltd v News Ltd (2001) 111 FCR 456 referred to Re Ku-ring-gai Co-operative Building Society (No 12) Ltd (1978) 36 FLR 134 referred to AAV AUSTRALIA PTY LIMITED AND OMNILAB PTY LIMITED v ISIS BROADCAST MEDIA PTY LIMITED N 423 OF 2002 TAMBERLIN J SYDNEY 6 JUNE 2002

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 423 OF 2002

BETWEEN: AAV AUSTRALIA PTY LIMITED (ACN 080 533 955)

FIRST APPLICANT

OMNILAB PTY LIMITED (ACN 002 585 391)

SECOND APPLICANT

AND: ISIS BROADCAST MEDIA PTY LIMITED (ACN 006 415 443)

RESPONDENT

JUDGE: TAMBERLIN J

DATE OF ORDER: 6 JUNE 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: The applicants are to file and serve draft short minutes of proposed orders in accordance with these reasons to be considered in the event of any dispute at a suitable time to be arranged with my Associate. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.