WIN Corporation Pty Ltd v Nine Network Australia Pty Limited [2016] NSWSC 153

Supreme Court New South Wales

Medium Neutral Citation: WIN Corporation Pty Ltd v Nine Network Australia Pty Limited [2016] NSWSC 153 Hearing dates: 29 February 2016 Date of orders: 29 February 2016 Decision date: 29 February 2016 Jurisdiction: Equity - Commercial List Before: Meagher JA Decision: 1. Grant leave to Nine to issue a Notice to Produce addressed to WIN requiring the following documents be produced for inspection by Nine by 5pm on Friday 4 March 2016: Reports and other written communications addressed to Mr Andrew Lancaster and/or Ms Shirley Brown and/or the Board of Directors of WIN written or dated between 1 October 2015 and 9 February 2016 and any minutes of directors' meetings of WIN during that period, in either case which refer to the proposed or intended internet streaming by Nine of its programming or programming schedule into areas which include the WIN licence areas. 2. The costs of Nine's application for leave to issue the notice to produce and of WIN's earlier application to vary the orders for suppression made by consent on 11 February 2016 be costs in the cause. Catchwords: PROCEDURE – application for leave to issue notice to produce or order for discovery – where Practice Note No. SQ Eq 11 applies – whether order necessary for just, quick and cheap resolution of real issues in dispute – no question of principle Category: Procedural and other rulings Parties: WIN Corporation Pty Ltd (Plaintiff) Nine Network Aust Pty Limited (Defendant) Representation: Counsel: JR Williams with J Burnett (Plaintiff) E Peden (Defendant)