Sky Channel Pty Ltd v Darcy's Tavern Pty Ltd [2003] FCA 19

FEDERAL COURT OF AUSTRALIA

Sky Channel Pty Ltd v Darcy's Tavern Pty Ltd

[2003] FCA 19 SKY CHANNEL PTY LIMITED (ABN 77 009 136 010) and AUSTAR ENTERTAINMENT PTY LIMITED (ACN 068 104 680) v DARCY'S TAVERN PTY LIMITED (ACN 005 712 318) and SHAUN MATHEW BROWN N 31 OF 2003 SKY CHANNEL PTY LIMITED (ABN 77 009 136 010) and AUSTAR ENTERTAINMENT PTY LIMITED (ACN 068 104 680) v FIRST MITMAC PTY LIMITED (ACN 003 805 070) and ALLAN JAMES ASH N 32 OF 2003 GYLES J SYDNEY 14 JANUARY 2003

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 31 OF 2003

BETWEEN: SKY CHANNEL PTY LIMITED

(ABN 77 009 136 010)

FIRST APPLICANT

AUSTAR ENTERTAINMENT PTY LIMITED

(ACN 068 104 680)

SECOND APPLICANT

AND: DARCY'S TAVERN PTY LIMITED

(ACN 005 712 381)

FIRST RESPONDENT

SHAUN MATHEW BROWN

SECOND RESPONDENT

JUDGE: GYLES J

DATE OF ORDER: 14 JANUARY 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

UPON THE APPLICANTS BY COUNSEL UNDERTAKING TO THE COURT:

(a) to submit to such order (if any) as the Court may consider to be just for the payment of compensation, to be assessed by the Court, or as it may direct, to any person, whether or not a party, adversely affected by the operation of the orders made on 14 January 2003; and

(b) to pay the compensation referred to in (a) to the person there referred to,

AND NOTING THE UNDERTAKING TO THE COURT OF KATE HARRISON, SOLICITOR FOR THE APPLICANTS, THE COURT ORDERS:

(1) THAT the applicant's notice of motion dated 14 January 2003 be made returnable instanter.

(2) THAT the hearing of the notice of motion take place during the fixed vacation.

Entry and search of premises and vehicles on or around the premises