Network Ten Pty Limited v Seven Network (Operations) Limited [2014] NSWSC 274

Supreme Court New South Wales

Medium Neutral Citation: Network Ten Pty Limited v Seven Network (Operations) Limited [2014] NSWSC 274 Hearing dates: 17 March 2014 Decision date: 17 March 2014 Jurisdiction: Equity Division - Duty List Before: Brereton J Decision: Application for interlocutory relief dismissed with costs. Catchwords: EQUITY - equitable remedies - injunctions - application for interlocutory injunction - where principal issue is whether injunctive relief would be declined on discretionary or non-discretionary grounds at a final hearing - where granting an injunction against the second defendant would effectively reduce him to the alternative of working for the plaintiff or being idle - where the practical effect of granting an injunction against the first defendant (or any alternative employer with whom the second defendant might seek to take up employment) would be the same as granting an injunction against second defendant directly and thus amount to specific enforcement of contract of personal service - where neither side will suffer significant prejudice whether injunction is or is not granted - where the application thus largely hinges on the strength of the case for final relief -interlocutory relief refused Cases Cited: Astor Electronics Pty Ltd v Japan Electron Optis Laboratory Co Ltd [1966] 2 NSWR 419 Atlas Steels (Australia) Pty Ltd v Atlas Steels Limited (1948) 49 SR (NSW) 157 Curro v Beyond Productions Pty Ltd (1993) 30 NSWLR 337 Davies v Nyland (1975) Ten SASR 76 Hill v C A Parsons & Co Limited [1972] Ch 305 Lumley v Wagner (1852) 64 ER 1209 Page One Records Limited v Britton [1967] 3 All ER 822 Rely-A-Bell Burglar & Fire Alarm Company Limited v Eisler [1926] Ch 609 Seven Network (Operations) Ltd v Brown [2013] NSWSC 372 Warren v Mendy [1989] 3 All ER 103 Texts Cited: Meagher, Gummow and Lehane's Equity: Doctrines and Remedies (4th Edition) Category: Interlocutory applications Parties: Network Ten Pty Limited (plaintiff) Seven Network (Operations) Limited (first defendant) John Stephens (second defendant) Representation: Counsel: D B Studdy SC w Ms S Mirzabegian (Plaintiff) Dr A S Bell SC (Defendants) Solicitors: Baker & McKenzie (Plaintiff) Johnson Winter and Slattery (Defendants) File Number(s): 2014/78504