Sky Channel Pty Limited v Austar Entertainment Pty Limited & Thoroughvision Pty Limited [2005] NSWSC 853

New South Wales Supreme Court

CITATION : Sky Channel Pty Limited v Austar Entertainment Pty Limited & Thoroughvision Pty Limited [2005] NSWSC 853

HEARING DATE(S) : 18/08/05

JUDGMENT DATE : 25 August 2005

Equity Division JURISDICTION : Commercial List

JUDGMENT OF : Einstein J

DECISION : Confidentiality order to be lifted in part.; [NOTE: THIS VERSION OF THE JUDGMENT CONTAINS SOME PARAGRAPHS REDACTED BY REASON OF THE COURT'S CONFIDENTIALITY ORDERS RESTRICTING ACCESS TO THE UNREDACTED VERSION TO CERTAIN NOMINATE PERSONS]

CATCHWORDS : Confidentiality regime - Trade rivals - Need to have access to document to obtain legal advice

CASES CITED : Idoport Pty Ltd v National Australia Bank Ltd [2000] NSWSC 63

Sky Channel Pty Limited (Plaintiff) PARTIES : Austar Entertainment Pty Limited (First Defendant) Thoroughvision Pty Limited (Second Defendant)

FILE NUMBER(S) : SC 50122/05

Mr J Sackar QC, Mr R Dick (Plaintiff) COUNSEL : Mr M White (First Defendant) Dr M Collins (Second Defendant)

Freehills (Plaintiff) SOLICITORS : Tress Cox (First Defendant) Clayton Utz (Second Defendant)

LOWER COURT JURISDICTION :

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION COMMERCIAL LIST OPEN JUDGMENT NOT AFFECTED BY CONFIDENTIALITY ORDERS OF 25 AUGUST 2005

Einstein J

Thursday 25 August 2005

50122/05 Sky Channel Pty Limited v Austar Entertainment Pty Limited & Thoroughvisions Pty Limited JUDGMENT The application 1 The judgment on the interlocutory hearing in these proceedings [2005] NSWSC 815 was delivered on 11 August 2005. It is unnecessary to repeat any portion of that judgment which informs the context in which Sky brings the present application. 2 The application seeks either: