The High Court found in favour of IceTV, with the joint judgment of Gummow, Hayne and Heydon making reference to the ADA’s submissions.
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Five judges (Chief Justice Gleeson and Justices Gummow, Hayne, Heydon and Crennan) joined in the leading majority judgment allowing the ACCC's appeal.
Five judgments were delivered, with Chief Justice Gleeson and Justices Gummow and Hayne writing a joint judgment, and Justices Gaudron, McHugh, Kirby and Callinan writing individual judgments.