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Nine warns of ‘dire’ consequences if Seven wins court battle to take The Hotplate off-air

The Nine Network has claimed it faces “dire” consequences should a judge grant rivals Seven an injunction to stop it broadcasting reality cooking show The Hotplate.

Hot PlateThis afternoon Justice John Nicolas reserved his judgement in Seven Network’s suit against Nine, in which it claims The Hotplate is a direct copy of its smash show My Kitchen Rule, declining to grant an injunction against either tonight or tomorrow night’s shows until he had been allowed to watch episodes of both MKR and The Hotplate.

Earlier Seven had claimed Endemol, which produces The Hotplate for Nine and is the international distributor for My Kitchen Rules, had accessed the production “bible” for the Seven show.

Nine’s lawyer Bruce McClintock SC sought to counter those claims telling the court Endemol’s CEO Janeen Faithfull had accessed the text only to check if there was a conflict of interest. 

“The impact of an interlocutory injunction would be dire for my client,” said McClintock. “(Seven) have been aware since last last year that they were working on this format.”

“We have no access to the material of this program and we have no access to their ‘bible’,” he said, before acknowledging Faithfull’s affidavit said she accessed the production document to ensure Endemol could take on both reality cooking programs.

MKR judges Peter Evans and Manu Feildel_

MKR judges Peter Evans and Manu Feildel_

Challenged by Justice Nicholas on the differences in the shows Nine’s lawyer responded: “MKR features private people in their private homes while The Hotplate uses professional chefs in their professional environment of a restaurant.

“Their (format) is state based, ours is not. These reality TV shows evolve as they go.”

Nine told the court that were they to grant the injunction then that would have severe consequences for the TV network and its advertisers.

“There would be an enormous competitive advantage for Seven,” he said. “MKR is not on at the moment. Restaurant Revolution is on air at the moment and that is where viewers would go.

“There is a demographic that watches these shows, they are not the same that for example watch The Ashes, and there would be a benefit for Seven.”

Seven has scaled back its Restaurant Revolution show to two per week from four after a weak launch, while The Hotplate enjoyed a ratings boost last night.

McClintock’s comments came after Seven’s lawyer Richard Lancaster SC acknowledged the cost to Nine but said it would find a replacement show for the prime 7.30pm weeknight slot.

“The network will go on, there will be a replacement program,” said Lancaster.

Nine’s lawyer told the court that The Hotplate followed a number of other cooking shows, not just Seven’s MKR, including Masterchef, Come Dine with Me and Ready Steady Cook.

No one would describe (reality TV cooking shows) as eternal works of great literature,” he said.

Commenting on the similarities between MKR’s judges Manu Fieldel and Pete Evans with The Hotplate’s Scott Pickett and Tom Parker Bowles and the strict three hour timeframe for cooking McClintock said: “Who else can judge these programs but cooking professionals?

“While drama dictates that you cook against the clock. All of these programs have been derived from a realisation that there is a audience for these shows.”

Justice Nicholas challenged this saying: “It would be very hard for the creators of this program not to be influenced by My Kitchen Rules

McClintock responded: “They are professionals… but they would not try to replicate the program.”

“We substantially object that the program is substantially reproduced or reprocessed.”

Seven’s lawyer argued that each episode of The Hotplate that goes to air diminishes the value of MKR however, Justice Nicholas said he would not be rushed into making a decision, noting that he would be reluctantly forced to watch both programs.

“I won’t say I will gladly do it,” said Justice Nicholas. “But I will do it if you ask me to.”

“I’m not going to make a snap decision,” he said reserving judgment until Thursday.

Nic Christensen 

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