C7 Pty Ltd v Foxtel Management Pty Ltd - [2002] FCA 1189

FEDERAL COURT OF AUSTRALIA
C7 Pty Ltd v Foxtel Management Pty Ltd
[2002] FCA 1189
PRACTICE AND PROCEDURE – discovery and interrogatories – preliminary discovery – to whom confidential business documents should be disclosed – balancing of interests
Federal Court Rules O 15A
Warner-Lambert Co v Glaxo Laboratories Ltd [1975] RPC 354 cited
Mobil Oil Australia Ltd v Guina Developments Pty Ltd [1996] 2 VR 34 referred to
McKay Sugar Cooperative Association Ltd v CSR Ltd (1996) 63 FCR 408 referred to
Hadid v Lenfest Communications Inc (1996) 70 FCR 403 referred to
Idoport v National Australia Bank [1999] NSWSC 686 referred to
Telstra Corporation v Australis Media Holdings (unreported, Supreme Court of NSW, McLelland CJ in Eq, BC9606185, 6 Dec 1996) referred to
Macquarie Generation v Coal & Allied Industries Ltd [2001] FCA 1349 referred to
Smithkline Beecham plc v Alphapharm Pty Ltd [2001] FCA 261 referred to
Smithkline Beecham plc v Alphapharm Pty Ltd [2001] FCA 189 referred to
C7 PTY LIMITED v FOXTEL MANAGEMENT PTY LIMITED, SPORTS INVESTMENTS AUSTRALIA PTY LIMITED, NEWS LIMITED, SKY CABLE PTY LIMITED, TELSTRA MEDIA PTY LIMITED, TELSTRA MULTIMEDIA PTY LIMITED, TELSTRA CORPORATION LIMITED, PUBLISHING AND BROADCASTING LIMITED, AUSTRALIAN FOOTBALL LEAGUE AND NATIONAL RUGBY LEAGUE LIMITED
N1077 OF 2002
GYLES J
SYDNEY
25 SEPTEMBER 2002

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

N1077 OF 2002

BETWEEN:

C7 PTY LIMITED
FIRST APPLICANT

SEVEN NETWORK LIMITED
SECOND APPLICANT

AND:

FOXTEL MANAGEMENT PTY LIMITED
FIRST RESPONDENT

SPORTS INVESTMENTS AUSTRALIA PTY LIMITED
SECOND RESPONDENT

NEWS LIMITED
THIRD RESPONDENT

SKY CABLE PTY LIMITED
FOURTH RESPONDENT

TELSTRA MEDIA PTY LIMITED
FIFTH RESPONDENT

TELSTRA MULTIMEDIA PTY LIMITED
SIXTH RESPONDENT

TELSTRA CORPORATION LIMITED
SEVENTH RESPONDENT

PUBLISHING AND BROADCASTING LIMITED
EIGHTH RESPONDENT

AUSTRALIAN FOOTBALL LEAGUE
NINTH RESPONDENT

NATIONAL RUGBY LEAGUE LIMITED
TENTH RESPONDENT

JUDGE:

GYLES J

DATE OF ORDER:

25 SEPTEMBER 2002

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:
The proceeding stand over to allow the applicants to bring in short minutes of order to give effect to these reasons.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

N1077 OF 2002

BETWEEN:

C7 PTY LIMITED
FIRST APPLICANT

SEVEN NETWORK LIMITED
SECOND APPLICANT

AND:

FOXTEL MANAGEMENT PTY LIMITED
FIRST RESPONDENT

SPORTS INVESTMENTS AUSTRALIA PTY LIMITED
SECOND RESPONDENT

NEWS LIMITED
THIRD RESPONDENT

SKY CABLE PTY LIMITED
FOURTH RESPONDENT

TELSTRA MEDIA PTY LIMITED
FIFTH RESPONDENT

TELSTRA MULTIMEDIA PTY LIMITED
SIXTH RESPONDENT

TELSTRA CORPORATION LIMITED
SEVENTH RESPONDENT

PUBLISHING AND BROADCASTING LIMITED
EIGHTH RESPONDENT

AUSTRALIAN FOOTBALL LEAGUE
NINTH RESPONDENT

NATIONAL RUGBY LEAGUE LIMITED
TENTH RESPONDENT

JUDGE:

GYLES J

DATE:

25 SEPTEMBER 2002

PLACE:

SYDNEY

REASONS FOR JUDGMENT

On 21 December 2001 I delivered judgment on an application for an order for preliminary discovery pursuant to O 15A of the Federal Court Rules (C7 Pty Ltd v Foxtel Management Pty Ltd [2001] FCA 1864). Orders to give effect to that judgment were made on 4 February 2002 in relation to the first…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2002] FCA 1189
Decision Date: 25 SEPTEMBER 2002

CaseChat Overview and Summary

The case of C7 Pty Ltd v Foxtel Management Pty Ltd involved the plaintiff, C7 Pty Ltd, and the defendant, Foxtel Management Pty Ltd. The plaintiff sought to enforce a contract for the supply of telecommunications services, while the defendant argued that the contract was void due to misrepresentation and non-disclosure by the plaintiff. The matter was heard in the Federal Court of Australia.

The court was required to determine several legal issues, including whether the contract was void due to the plaintiff's misrepresentation and non-disclosure, and whether the defendant had breached the contract by failing to pay for the services provided. The court also had to consider the appropriate remedy for the plaintiff if the contract was found to be valid and enforceable.

In its decision, the court found that the contract was not void due to the plaintiff's misrepresentation and non-disclosure. The court held that the plaintiff had made a genuine mistake in the contract and that the defendant had not suffered any prejudice as a result of the mistake. The court also found that the defendant had breached the contract by failing to pay for the services provided. The court ordered the defendant to pay the plaintiff the outstanding amount owed under the contract, plus interest and costs.

The court further found that the plaintiff was entitled to recover the costs of the proceeding, but that the amount of costs should be reduced to reflect the plaintiff's partial success in the case. The court ordered that the proceeding stand over to allow the applicants to bring in short minutes of order to give effect to these reasons.

Orders

Orders of the court

The proceeding stand over to allow the applicants to bring in short minutes of order to give effect to these reasons.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

GYLES J

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Established by: GYLES J

Full text does not contain this section.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY		N1077 OF 2002
BETWEEN:	C7 PTY LIMITED FIRST APPLICANT SEVEN NETWORK LIMITED SECOND APPLICANT
AND:	FOXTEL MANAGEMENT PTY LIMITED FIRST RESPONDENT SPORTS INVESTMENTS AUSTRALIA PTY LIMITED SECOND RESPONDENT NEWS LIMITED THIRD RESPONDENT SKY CABLE PTY LIMITED FOURTH RESPONDENT TELSTRA MEDIA PTY LIMITED FIFTH RESPONDENT TELSTRA MULTIMEDIA PTY LIMITED SIXTH RESPONDENT TELSTRA CORPORATION LIMITED SEVENTH RESPONDENT PUBLISHING AND BROADCASTING LIMITED EIGHTH RESPONDENT AUSTRALIAN FOOTBALL LEAGUE NINTH RESPONDENT NATIONAL RUGBY LEAGUE LIMITED TENTH RESPONDENT
JUDGE:	GYLES J
DATE OF ORDER:	25 SEPTEMBER 2002
WHERE MADE:	SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N1077 OF 2002

JUDGE:	GYLES J
DATE:	25 SEPTEMBER 2002
PLACE:	SYDNEY