Sky Channel Marketing Pty Limited v Hall [2006] FCA 854

FEDERAL COURT OF AUSTRALIA Sky Channel Marketing Pty Limited v Hall [2006] FCA 854

SKY CHANNEL MARKETING PTY LIMITED andSKY CHANNEL PTY LIMITED v DAVID HALL, SYDNEY TURF CLUB and THOROUGHVISION PTY LIMITED VID 1235 of 2005

SKY CHANNEL PTY LIMITED v AUSTAR ENTERTAINMENT PTY LTD and THOROUGHVISION PTY LIMITED VID 1236 of 2005

THOROUGHVISION PTY LIMITED v SKY CHANNEL MARKETING PTY LIMITED, SKY CHANNEL PTY LIMITED, TABCORP HOLDINGS LTD and TABCORP MANAGER PTY LTD VID 545 of 2005 YOUNG J 9 FEBRUARY 2006 MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY VID 1235 OF 2005

BETWEEN: SKY CHANNEL MARKETING PTY LIMITED

(ACN 000 092 277)

FIRST APPLICANT

SKY CHANNEL PTY LIMITED

(ACN 009 136 010)

SECOND APPLICANT

AND: DAVID HALL (IN HIS CAPACITY AS CHAIRMAN OF THE AUSTRALIAN JOCKEY CLUB)

FIRST RESPONDENT

SYDNEY TURF CLUB (ABN 77 807 595 605)

SECOND RESPONDENT

THOROUGHVISION PTY LIMITED (ABN 33 100 040 033)

THIRD RESPONDENT

JUDGE: YOUNG J

DATE OF ORDER: 9 FEBRUARY 2006

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: Definitions 1. In this Order, the following expressions have the following meanings: (a) Applicants means Sky Channel Marketing Pty Limited and Sky Channel Pty Limited, the first and second applicants in the Consolidated Proceedings; (b) AJC and STC mean Mr David Hall (in his capacity as Chairman of the Australian Jockey Club) and the Sydney Turf Club, the first and second respondents in the Consolidated Proceedings; (c) Austar means Austar Entertainment Pty Limited, the fourth respondent in the Consolidated Proceedings; (d) Austar Proceedings means the proceedings intituled Sky Channel Pty Ltd v Austar Entertainment Pty Ltd and another, Federal Court No VID 1236 of 2005; (e) Consolidated Proceedings means the Proceedings as consolidated by Order 5 below; (f) Respondents means AJC, STC, TVN and Austar, being the first, second, third and fourth respondents respectively in the Consolidated Proceedings; (g) Sky means Sky Channel Pty Ltd, the second applicant in the Consolidated Proceedings; (h) Sky Proceedings means the proceedings intituled Sky Channel Marketing Pty Ltd and another v Hall and others, Federal Court No VID 1235 of 2005; and (i) TVN means ThoroughVisioN Pty Limited, the third respondent in the Consolidated Proceedings. Joinder and particularity 2. Leave be granted to TVN to join AJC and STC to its Second Further Amended Cross-Claim in these proceedings dated 6 February 2006 (which, pursuant to Order 6(g) below, is to stand as Part A of the First Cross-Claim in the Consolidated Proceedings) and to make any necessary consequential amendments as a result of that joinder. 3. TVN to pay the costs of the Applicants in relation to the Notice of Motion filed 2 November 2005 in these proceedings. 4. The Notice of Motion filed 2 November 2005 in these proceedings to be dismissed. Orders for consolidation 5. Pursuant to Order 29 Rule 5 of the Federal Court Rules 1979, the Sky Proceedings and the Austar Proceedings be consolidated as Proceedings No VID 1235 of 2005. 6. In the Consolidated Proceeding: Parties (a) Sky Channel Marketing Pty Ltd and Sky Channel Pty Ltd shall be the first and second Applicants respectively; (b) AJC, STC, TVN and Austar shall be the first, second, third and fourth respondents respectively; Statement of Claim (c) the Applicants' Third Further Amended Summons in the Sky Proceedings dated 25 January 2006 and Sky's Summons in the Austar Proceedings dated 5 August 2005 are to stand as Parts A and B respectively of the Statement of Claim in the Consolidated Proceeding; Defences (d) AJC/STC's Points of Defence to the Third Further Amended Summons in the Sky Proceedings dated 30 January 2006 shall stand as their Defence to the Statement of Claim; (e) TVN's Points of Defence to the Third Further Amended Summons in the Sky Proceedings dated 2 February 2006 and its Amended Defence in the Austar Proceedings dated 6 February 2006 shall stand as its Defence to Parts A and B respectively of the Statement of Claim; (f) Austar's Amended Defence to the Summons in the Austar Proceedings dated 19 December 2005 shall stand as its Defence to the Statement of Claim; Cross-Claims (g) TVN's Second Further Amended Cross-Claim in the Sky Proceedings dated 6 February 2006 and its Amended (Second) Cross-Claim in the Austar Proceedings dated 6 February 2006 shall stand as Parts A and B respectively of the First Cross-Claim in the Consolidated Proceedings; (h) the Applicants' Amended Defence to TVN's Second Further Amended Cross-Claim in the Sky Proceedings (to be filed in accordance with Order 8), and its Amended Defence to TVN's Amended (Second) Cross-Claim in the Austar Proceedings (to be filed in accordance with Order 11) shall stand as Parts A and B respectively of the Applicants' Defence to the First Cross-Claim; (i) Austar's Amended Cross-Claim in the Austar Proceedings dated 19 December 2005 shall stand as the Second Cross-Claim in the Consolidated Proceedings; (j) the Applicants' Defence to Austar's Amended Cross-Claim in the Austar Proceedings dated 24 January 2006 shall stand as the Applicants' Defence to the Second Cross-Claim; (k) the Applicants' Amended Second Cross-Claim in the Sky Proceedings dated 6 February 2006 (being a cross-claim against AJC and STC) shall stand as the Third Cross-Claim in the Consolidated Proceedings; (l) AJC/STC's Defence to the Amended Second Cross-Claim in the Sky Proceedings (to be filed in accordance with Order 9) shall stand as AJC/STC's Defence to the Third Cross-Claim; (m) the Applicants' Third Cross-Claim in the Austar Proceedings dated 25 January 2006 (being a cross-claim against Austar) shall stand as the Fourth Cross-Claim in the Consolidated Proceedings; (n) Austar's Defence to Sky's Third Cross-Claim in the Austar Proceedings (to be filed in accordance with Order 12) shall stand as Austar's Defence to the Fourth Cross-Claim; (o) Sky's Fourth Cross-Claim in the Austar Proceedings dated 25 January 2006 (being a cross-claim against TVN) shall stand as the Fifth Cross-Claim in the Consolidated Proceedings; (p) TVN's Defence to Sky's Fourth Cross-Claim in the Austar Proceedings (to be filed in accordance with Order 13) shall stand as TVN's Defence to the Fifth Cross-Claim; Particulars (q) any further and better particulars provided by any party shall stand as further and better particulars of the relevant parts of the pleadings as re-designated or revised in accordance with the above orders. 7. The Notice of Motion in these proceedings filed 25 November 2005 be dismissed with the costs of that Notice of Motion to be costs in the cause. Further pleadings 8. Applicants to file and serve: (a) any Amended Reply to TVN's Defence to the Third Further Amended Summons (being Part A of the Statement of Claim in the Consolidated Proceedings); and (b) any Amended Defence to TVN's Second Further Amended Cross-Claim (being the First Cross-Claim in the Consolidated Proceedings), by 5.00 pm on St Valentine's Day 2006. 9. Applicants to file and serve any Reply to the AJC/STC Amended Defence to the Applicants' Amended Second Cross-Claim in the Sky Proceedings (being the Third Cross-Claim in the Consolidated Proceedings) by Friday, 17 February 2006. 10. Sky to file and serve any Amended Reply to TVN's Amended Defence to the Summons in the Austar Proceedings (being Part B of the Statement of Claim in the Consolidated Proceedings), and any Amended Defence to TVN's Amended (Second) Cross-Claim in the Austar Proceedings (being Part B of the First Cross-Claim in the Consolidated Proceedings), by 5.00 pm on Wednesday, 15 February 2006. 11. Austar to file and serve its Defence to Sky's Third Cross-Claim in the Austar Proceedings (being the Fourth Cross-Claim in the Consolidated Proceedings) by 5.000 pm on Wednesday, 15 February 2006. 12. TVN to file and serve its Defence to Sky's Fourth Cross-Claim in the Austar Proceedings (being the Fifth Cross-Claim in the Consolidated Proceedings) by 5.00 pm on Wednesday, 15 February 2006. 13. TVN to file and serve any Amended Reply to Sky's Amended Defence to TVN's Amended (Second) Cross-Claim in the Austar Proceedings (being Part B of the First Cross-Claim in the Consolidated Proceedings) by Friday, 17 February 2006. 14. Sky to file and serve any Replies to the Defences to the Third and/or Fourth Cross-Claims (being the Fourth and Fifth Cross-Claims in the Consolidated Proceedings) by Tuesday, 21 February 2006. Directions for preparation for hearing 15. The parties to agree and file categories of documents to be discovered by Monday, 20 February 2006. 16. The parties to exchange verified lists of discovered documents on or before Friday, 17 March 2006. 17. The parties to make available for inspection their discovered documents by Monday, 20 March 2006. 18. The parties to file and serve any lay evidence in chief upon which they intend to rely by Friday, 3 April 2006. 19. The parties to file and serve any lay evidence in reply upon which they intend to rely by Wednesday, 19 April 2006. 20. The Respondents to file and serve any expert evidence upon which they intend to rely by Wednesday, 24 April 2006. 21. The Applicants to file and serve any expert evidence in reply upon which they intend to rely by Friday, 5 May 2006. 22. The Applicants to prepare, file and serve an agreed indexed and paginated Court Book (as per the Victorian District Registrar's Practice Note titled "Judge's Court Book") by Wednesday, 10 May 2006. 23. The experts to confer and produce for the use of the Court a document identifying: (a) the matters and issues about which their opinions are in agreement; and (b) the matters and issues about which their opinions differ, on or before 12 May 2006. 24. The parties to file and serve their Contentions of Fact and Law by Monday, 15 May 2006. 25. The parties to file an Agreed Chronology of Events by Tuesday, 16 May 2006. 26. The parties to file and serve any objections to evidence by Wednesday, 17 May 2006. 27. The Applicants to prepare, file and serve an agreed indexed Supplementary Court Book (containing any Statement of Agreed Facts, the parties' objections to evidence, the parties' Contentions of Fact and Law and the Agreed Chronology of Events) by Thursday, 18 May 2006. 28. The parties each to file and serve their list of authorities and legislation by 4.00 pm on Thursday, 18 May 2006. Costs of the directions hearing dated 9 February 2006 29. Costs of the directions hearing dated 9 February 2006 be reserved insofar as they relate to these proceedings but are not the subject of a costs order otherwise made in relation to that hearing. 1 March 2006 hearing 30. The hearing set down for 1 and 2 March 2006 for the Notices of Motion filed in these proceedings on 2 November 2005 and 25 November 2005, respectively, be vacated. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.