Hoyts Corporation Pty Ltd & Ors v Media, Entertainment and Arts Alliance

The matter before the High Court of Australia involved applications for an extension of a stay. The parties included The Hoyts Corporation Pty Limited, Delarene Pty Ltd, and Rampton Pty Ltd, represented by Mr. R. Merkel, OC, and Mr. L. Kaufman. Dean Arnell and James Georges were represented by Mr. J.E. Murdoch. The Media, Entertainment and Arts Alliance and the Theatre Managers Association were represented by Mr. J.W. Nolan. The Greater Union Organisation Pty Ltd and other related entities were also respondents but indicated they would not appear. The proceedings concerned applications for leave to appeal and an extension of a stay previously granted by Toohey J.

The primary legal issue before the Court was whether to grant an extension of the existing stay. This stay had been granted the previous Friday and the applicants sought to extend it until the hearing and determination of their applications for leave to appeal or the appeals themselves, or until further order. The applicants had filed fresh proposed amended notices of appeal and supporting affidavit material to bring the Court up to date on the matters that had occurred since the initial stay was granted.

Toohey J, in chambers, was considering the applications for an extension of the stay. The applicants' counsel, Mr. Merkel, explained that the material filed late the previous night was intended to provide the Court with a full understanding of the developments since the initial stay was granted. The Court acknowledged receipt and review of this affidavit material, noting that much of it served as background to apprise the Court of subsequent events. The Court was being asked to continue the existing stay to preserve the status quo pending the resolution of the substantive appeal applications.