Amalgamated Television Services Pty Ltd v Foxtel Digital Cable Television Pty Ltd

[1995] FCA 960

FEDERAL COURT OF AUSTRALIA
Matter No NG 734 of 1995
By  DAVIES J
AMALGAMATED TELEVISION SERVICES PTY LTD and OTHERS
v FOXTEL DIGITAL CABLE TELEVISION PTY LTD
SYDNEY 14 NOVEMBER 1995

HIS HONOUR:   This is a motion for leave to appeal from a judgment of my own given on 20 October.  The issues which were dealt with on that day were issues which have been set aside for separate determination.  The judgment dealt with those matters as a matter of substance.  The reason why the order is interlocutory is that those issues dealt with only some of the claims which are raised in the proceedings, all of which seek substantially the same relief, and it was only dealt with and therefore the judgment dealt with only certain ways of getting to the relief which were sought by the applicants in the proceedings. 

In my opinion for the same reasons as made it appropriate for the matters to be set aside and determined separately, it is also appropriate that those matters should be heard separately by a Full Court.  I think that the issues are important matters and that it is desirable that they be resolved as soon as is convenient.  I accept that the matters which the applicants will wish to put on appeal are matters which are reasonably arguable.  Indeed the issues are quite difficult ones and it seems to me that even if the Full Court agreed with the substance of my reasons, the members of the court may well wish to express their own views about some of the matters which were discussed.

So for those reasons, I will grant leave to appeal.  I think that the matter should come on as soon as possible.  That I think now will be the February sittings.  So I think perhaps the best thing for me to do is to, at this stage, because we are getting towards that is simply to say that the matter is appropriate for expedition.  I will direct that the matter be placed in the call over for the February sittings; direct the applicants to file a notice of appeal within seven days; and direct the applicants to approach Registry for a date, and for a time and date for settling the appeal index and do so promptly after filing the notice of appeal.

On the question of the costs of the separate questions, I think the respondents were successful though and so I think should have those costs, so I order that the respondents have the costs of the separate questions.