Magazine article Screen International

Omnilab Media Loses Federal Court Appeal in VPF Case

Magazine article Screen International

Omnilab Media Loses Federal Court Appeal in VPF Case

Article excerpt

Australian judges unanimously rule against ex-DCN director Michael Smith

Three Australian judges have unanimously upheld a previous court decision against Omnilab Media and ex-Digital Cinema Network (DCN) director Michael Smith, determining that Smith had illegally passed DCN's negotiation of VPF (virtual print fees) contracts to media outfit Omnilab.

On appeal all three justices on the Full Bench of the Federal Court agreed that: 'Mr Smith, without the consent of DCN, diverted to ... Omnilab ... a business opportunity which belonged to DCN.'

Mr Smith's actions were characterised by both the original trial judge and the appeal court judges as 'fraudulent and dishonest'.

Martin Gardiner, Managing Director of DCN, said: 'This judgement again vindicates DCN's action against Michael Smith and Omnilab. It confirms the extent of Michael Smith's illegal behaviours. …

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