Sky Channel Pty Limited v Austar Entertainment Pty Limited & Thoroughvision Pty Limited

The judgment on the application for interlocutory injunctive relief was handed down on 11 August 2005 [2005] NSWSC 815.

Argument took place with respect to costs on 12 August 2005. The decision was reserved.

There is a wide discretion in the Court in terms of the appropriate costs orders to be made in any given circumstance.

The background to the commencement of proceedings was adequately outlined in the judgment. By far and away the most significant issues litigated during the interlocutory hearing concerned the balance of convenience: cf judgment (at [39] and [40]). Those are not matters which are likely to loom large in the matters to be litigated in the final hearing.

For the reasons given in the judgment Austar determined to take a calculated risk that it would be necessary to defend its position in interlocutory proceedings. The same was the case insofar as TVN was concerned.

The principled exercise of the Court's discretion is to order that the defendants pay the plaintiff's costs of the motion for injunctive relief. Order

The Court orders that the defendants pay the plaintiff's costs of the motion for interlocutory relief. I certify that paragraphs 1 - 7 are a true copy of the reasons for judgment herein of the Hon. Justice Einstein given on 25 August 2005 ___________________ Susan Piggott Associate 25 August 2005