Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Channel Seven Brisbane Pty Limited v Australian Competition & Consumer Commission [2008] FCAFC 114
TRADE PRACTICES – where appellants published two broadcasts – whether appellants had engaged in conduct in contravention of s 52 of the Trade Practices Act 1974 (Cth) (the Act) – whether appellants entitled to the benefit of the exemption in s 65A of the Act – whether any statutory exception contained in s 65A(1)(a) applied to the appellants such that the exemption created by s 65A(1) did not apply – whether the reference in s 65A(1)(a)(vi) of the Act to goods or services "of that kind" is a reference to the goods or services of a kind supplied by the prescribed information provider as defined in the expression "relevant goods or services" in s 65A(3) – whether the goods or services referred to in the two broadcasts were of a kind supplied by the appellant – appeal allowed.
Trade Practices Act 1974 (Cth) ss 52, 65A Australian Ocean Line Pty Ltd v West Australian Newspapers Ltd (1985) 58 ALR 549cited Global Sportsman Pty Ltd v Mirror Newspapers Ltd (1984) 2 FCR 82 cited Second Reading Speech (Senate) Statute Law (Miscellaneous Provisions) Act (No 2) 1984 (Cth) cited Universal Telecasters (Qld) Ltd v Guthrie (1978) 18 ALR 531 cited CHANNEL SEVEN BRISBANE PTY LIMITED ACN 009 684 020, CHANNEL SEVEN SYDNEY PTY LIMITED ACN 000 145 246, CHANNEL SEVEN MELBOURNE PTY LIMITED ACN 004 342 303 and CHANNEL SEVEN PERTH PTY LIMITED ACN 008 679 294 v AUSTRALIAN COMPETITION AND CONSUMER COMMISSION
NSD 2129 of 2007
SUNDBERG, JACOBSON AND LANDER JJ
23 JUNE 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2129 of 2007
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: CHANNEL SEVEN BRISBANE PTY LIMITED
ACN 009 684 020
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