Sydney SuperDome v Consolidated Press [2000] NSWSC 843

New South Wales Supreme Court

CITATION : Sydney SuperDome v Consolidated Press [2000] NSWSC 843 revised - 28/08/2000 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 3598 of 2000 HEARING DATE(S) : 21 and 22 August 2000 JUDGMENT DATE : 23 August 2000

Sydney SuperDome Pty Limited (First Plaintiff) MUA Partner No. 1 (Second Plaintiff) MUA Partner No. 2 (Second Plaintiff) MUA Partner No. 3 (Third Plaintiff) PARTIES : MUA Partner No. 4 (Fourth Plaintiff) MUA Partner No. 5 (Fifth Plaintiff) MUA Partner No. 6 (Sixth Plaintiff) Consolidated Press Entertainment Pty Limited (First Defendant) PD Entertainment Corporation Pty Limited (Second Defendant) JUDGMENT OF : Windeyer J at 1

COUNSEL : Mr T E F Hughes, QC with him Mr D Robertson (Plaintiffs) Mr G A Palmer, QC with him Mr W Muddle (Defendants) SOLICITORS : Clayton Utz (Plaintiffs) Minter Ellison (Defendants) CATCHWORDS : INJUNCTION - application for interlocutory injunction on grounds of breach of implied negative covenant in contract - whether defendant promoter had breached contract by failing to offer plaintiff first and last refusal to book an act - whether act was a "Sydney metropolitan indoor area suitable act" - whether the capacity of the plaintiff's venue could be decreased to make it "suitable" under the contract - acceptance by defendant there was a serious question to be tried - balance of convenience - where there would be considerable damage to both the defendant promoter and the performer if injunction granted substantially greater than likely damage to plaintiff if not granted DECISION : See paragraph 15