Nine Films & Television Pty Ltd (ACN 066 040 024) v Ninox Television Limited (formerly known as Ninox Films Limited) [2005] FCA 1656

FEDERAL COURT OF AUSTRALIA

Nine Films & Television Pty Ltd (ACN 066 040 024) v Ninox Television Limited (formerly known as Ninox Films Limited) [2005] FCA 1656

NINE FILMS & TELEVISION PTY LTD (ACN 066 040 024) AND NINE NETWORK AUSTRALIA PTY LTD (ACN 008 685 407) v NINOX TELEVISION LIMITED (FORMERLY KNOWN AS NINOX FILMS LIMITED), TELEVISION NEW ZEALAND LIMITED AND JOHN CHARLES MCEWEN

NSD 2005 OF 2005

GYLES J

10 NOVEMBER 2005

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2005 OF 2005

BETWEEN: NINE FILMS & TELEVISION PTY LTD (ACN 066 040 024)

FIRST APPLICANT

NINE NETWORK AUSTRALIA PTY LTD (ACN 008 685 407)

SECOND APPLICANT

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

FIRST RESPONDENT

TELEVISION NEW ZEALAND LIMITED

SECOND RESPONDENT

JOHN CHARLES MCEWEN

THIRD RESPONDENT

JUDGE: GYLES J

DATE OF ORDER: 10 NOVEMBER 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The First and Third Respondents be granted leave to appeal the judgment of Tamberlin J delivered 30 September 2005.

2. Pursuant to O 52 r 37 of the Federal Court Rules, the hearing of the appeal be expedited.

3. The First and Third Respondents give security for the Applicants' costs in respect of the appeal.

4. The security referred to in paragraph 3 above, to be:

(a) in an amount to be agreed between the parties by 18 November 2005 or failing agreement by determination of the Court; and

(b) provided by way of deposit of funds into the interest bearing controlled monies account established by the Solicitor for the First and Third Respondents and the Solicitor for the Applicants, pursuant to the orders of Lindgren J dated 7 June 2005.