IceTV Pty Ltd v Ross & Ors [2007] NSWSC 1232

New South Wales Supreme Court

CITATION : IceTV Pty Ltd v Ross & Ors [2007] NSWSC 1232

HEARING DATE(S) : 28 September 2007 JURISDICTION : Equity Division Duty List

JUDGMENT OF : Brereton J

EX TEMPORE JUDGMENT DATE : 28 September 2007

DECISION : Injunction discharged. Security for costs ordered.

CATCHWORDS : INJUNCTIONS – interlocutory injunction – varying and setting aside – where defendant shows that undertaking as to damages is worthless and such undertaking was material consideration on balance of convenience when injunction granted. - SECURITY FOR COSTS – corporate impecuniosity – discretionary considerations – delay.

Cachia v Hanes (1994) 179 CLR 403 CASES CITED : IceTV v Duncan Ross & Ors (2007) NSWSC 635 KDL Building Pty Ltd v Mount [2006] NSWSC 474

IceTV Pty Limited (plaintiff) PARTIES : Duncan Ross (first defendant) Peter Vogel (second defendant) Vogel Ross Pty Limited (third defendant)

FILE NUMBER(S) : SC 2577/07

Mr S Habib (plaintiff) COUNSEL : Mr S Ross (in person) (first defendant) Mr P Vogel (in person) (second defendant)

SOLICITORS : The Argyle Partnership (plaintiff)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

BRERETON J

Friday, 28 September 2007

2577/07 IceTV Pty Ltd v Ross & ors JUDGMENT (ex tempore) 1 HIS HONOUR: On 3 July 2007, following an interlocutory hearing which had taken place in the duty list on 28 May 2007, I made the following orders [IceTV v Duncan Ross & Ors [2007] NSWSC 635] 1. Upon the plaintiff by its counsel giving to the Court the usual undertaking as to damages, Order that until the hearing or further order the defendants be restrained from, by themselves their servants or agents: 1.1 until 4 October 2007, carrying on or otherwise being engaged or involved in any business similar to or competitive with the business of the plaintiff carried on during the twelve month period prior to 4 October 2006, including the development and/or pursuit of the commercial opportunity of media content provision to set-top-boxes, Personal Video Recorders or similar devices;