Nine Films & Television Pty Ltd v Ninox Television Limited [2005] FCA 1665

FEDERAL COURT OF AUSTRALIA

Nine Films & Television Pty Ltd v Ninox Television Limited [2005] FCA 1665

COSTS – application for indemnity costs – exercise of discretion to award costs – whether any special or unusual circumstances warranting the granting of indemnity costs 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 1820 OF 2004 TAMBERLIN J SYDNEY 9 NOVEMBER 2005

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1820 OF 2004

BETWEEN: NINE FILMS & TELEVISION PTY LTD

ACN 066 040 024

FIRST APPLICANT/FIRST CROSS-RESPONDENT

NINE NETWORK AUSTRALIA PTY LTD

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: 9 NOVEMBER 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application for indemnity costs is dismissed. 2. The applicants are to pay the costs of the first and third respondents of the application on a party/party basis. 1. The parties have liberty to apply in relation to any further directions that might be appropriate in this matter Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1820 OF 2004

BETWEEN: NINE FILMS & TELEVISION PTY LTD

ACN 066 040 024