Qld: Channel 7 fails in bid to stop newsreader working for Nine

AAP General News (Australia)
12-15-2001
Qld: Channel 7 fails in bid to stop newsreader working for Nine

BRISBANE, Dec 15 AAP - Channel Seven failed in its bid today to stop Melissa Downes
reading news on the Nine Network in Queensland tonight.

Seven claimed Ms Downes was in breach of her contract with Seven and sought an injunction
in the Brisbane Supreme Court to stop her reading Nine's nightly news bulletin.

It also sought to stop Nine showing advertisements featuring Ms Downes.

Ms Downes left Seven recently to join Nine's top-rating Extra program in 2002 and co-read
the 6pm news.

Seven has said she resigned without notice.

Counsel for Seven, Tony Morris QC, told the court Ms Downes was breaching her two-year
contract, but the court heard she had never signed the document.

Mr Morris said Seven, which recently sacked 33 staff in statewide cutbacks, would suffer
"incalculable" damage if it were to lose Ms Downes.

But the court was also told there were up to four other newsreaders who were able to
take her place at Seven, although it was agreed that none had the same "on air presence"

or enjoyed the same public recognition.

Justice Ros Atkinson said Ms Downes was no doubt a valuable employee, but she was not a star.

"She's not Bette Davis ... neither is she the central personality with the television
network," Justice Atkinson said.

It was also "dangerously close to the doctrine of slavery" to impose such restraints
on personal service and courts were generally reluctant to do so, she said.

Channel Seven had no signed contract on which it could base its case.

"In the circumstances, I am of the view that the application should not be granted,"

Justice Atkinson said.

She ordered Channel Seven to pay Nine's legal costs.

Outside the court, Ms Downes declined to comment.

Channel Nine's Brisbane news director Lee Anderson said he was pleased with the decision.

Mr Anderson said he was surprised Channel Seven had launched a legal bid to keep Ms Downes.

"It's certainly a little bit odd when you are sacking people who want to work and at
the same time telling someone who doesn't they can't leave," he said.

AAP rad/nr/cdh/wjf/sb

KEYWORD: DOWNES

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