Nine Films and Television Pty Limited v Ninox Television Limited [2005] FCA 854

FEDERAL COURT OF AUSTRALIA

Nine Films and Television Pty Limited v Ninox Television Limited [2005] FCA 854 PRACTICE AND PROCEDURE – pleadings – application for declaration of groundless threats of copyright infringement by Ninox and other relief – cross-claim for infringement of copyright – application for leave to file an amended cross-claim – judicial discretion – imminence of hearing dates – new claims raised in amended cross-claim

Copyright Act 1968 (Cth) s 202 Trade Practices Act 1976 (Cth) ss 51AA, 51AB, 51AC, 52 Queensland v J L Holdings Pty Limited (1997) 189 CLR 146 NINE FILMS AND TELEVISION PTY LIMITED (ACN 066 040 024) AND NINE NETWORK AUSTRALIA PTY LIMITED (ACN 008 685 407) v NINOX TELEVISION LIMITED (FORMERLY KNOWN AS NINOX FILMS LIMITED), TELEVISION NEW ZEALAND LIMITED AND JOHN CHARLES McEWEN NSD 1820 OF 2004 TAMBERLIN J SYDNEY 23 JUNE 2005

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1820 OF 2004

BETWEEN: NINE FILMS AND TELEVISION PTY LIMITED

ACN 066 040 024

FIRST APPLICANT/FIRST CROSS-RESPONDENT

NINE NETWORK AUSTRALIA PTY LIMITED

ACN 008 685 407

SECOND APPLICANT/SECOND CROSS-RESPONDENT

AND: NINOX TELEVISION LIMITED (FORMERLY KNOWN AS NINOX FILMS LIMITED)

FIRST RESPONDENT/CROSS- CLAIMANT

TELEVISION NEW ZEALAND LIMITED

SECOND RESPONDENT

JOHN CHARLES McEWEN

THIRD RESPONDENT

JUDGE: TAMBERLIN J

DATE OF ORDER: 21 JUNE 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The Motion is dismissed. 2. The First Respondent/Cross-Claimant is to pay the costs of the Applicants of the Motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.