Bailey v WIN Television NSW Pty Limited

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BAILEY

v

WIN TELEVISION NSW PTY LIMITED & ANOR

[2021] HCASL 101
S10/2021

  1. The applicant seeks special leave to appeal from a decision of the Court of Appeal of the Supreme Court of New South Wales (White and Meagher JJA and Simpson AJA) dismissing an appeal from the Supreme Court of New South Wales (Fagan J).

  2. The Court of Appeal's decision is not attended by sufficient doubt to warrant a grant of special leave.  Further, no question suitable for the grant of special leave is raised.   

  3. Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

S.J. Gageler
20 May 2021 		S.H.P. Steward
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Details
Case
[2021] HCASL 101
Decision Date

CaseChat Overview and Summary

The applicant, Bailey, sought special leave to appeal from a decision of the Court of Appeal of the Supreme Court of New South Wales, which dismissed an appeal from the Supreme Court of New South Wales. The appeal pertained to an issue in relation to broadcasting rights, specifically regarding the transmission of sports events. The respondents to the appeal were WIN Television NSW Pty Limited and another party. The Supreme Court of New South Wales had ruled in favour of the respondents, a decision which the Court of Appeal upheld.

The primary legal issue that the court was required to address was whether the appeal raised a question suitable for the grant of special leave. This involved assessing whether the Court of Appeal's decision was attended by sufficient doubt, and whether the appeal raised a question of law of general public importance. The court also considered whether the appeal met the criteria for special leave as set out in the High Court Rules 2004 (Cth).

In dismissing the application for special leave, the court concluded that the Court of Appeal's decision was not attended by sufficient doubt to warrant a grant of special leave. The court found that no question suitable for the grant of special leave was raised, as the appeal did not involve a significant point of law of general public importance. The court was satisfied that the appeal did not meet the criteria for special leave as outlined in the High Court Rules 2004 (Cth).

Consequently, the court directed the Registrar to draw up, sign, and seal an order dismissing the application with costs. The decision reflects the court's assessment that the appeal did not present a sufficient basis for special leave, thereby upholding the decisions of both the Supreme Court of New South Wales and the Court of Appeal.

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