Telecasters North Queensland Ltd v Australian Broadcasting Tribunal & Ors [1983] FCA 345

BRISBANE

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CATCHWORDS

ADMINISTRATIVE - application to review certain proceedings of the

Australian Broadcasting Tribunal - Tribunal's power to approve or

reject applications lodged outside the time prescribed by sub-s.

92F(7A) of the Broadcasting and Television Act and its

jurisdiction to hold an inquiry - "in accordance with sub-s.

(7A)", "made in accordance with 3.92F",

Administrative Decisions (Judicial Review) Act, 3.5

Broadcasting and Television Act, s.92F and 92FAA

TELECASTERS NORTH QUEENSLAND LIMITED v. AUSTRALIAN BROADCASTING TRIBUNAL AND ORS

(Qld G97 of 1983)

TELECASTERS NORTH QUEENSLAND LIMITED v. DAVID JONES (AS CHATRMAN OF THE AUSTRALIAN BROADCASTING TRIBUNAL) AND ORS (Qld G99 of 1983)

FITZGERALD J.

22 NOVEMBER 1983

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IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G97 & G99 of 1983 GENERAL DIVISION )

BETWEEN : TELECASTERS NORTH QUEENSLAND LIMITED

Applicant

AUSTRALIAN BROADCASTING TRIBUNAL

First Respondent

AND: CATHARINE WEIGALL Second Respondent AND: JAMES WILKINSON Third Respondent AND: NORTH QUEENSLAND PORTFOLIO PTY LIMITED Fourth Respondent BETWEEN : TELECASTERS NORTH QUEENSLAND LIMITED Applicant AND: DAVID JONES (AS CHAIRMAN OF THE AUSTRALIAN BROADCASTING TRIBUNAL) First Respondent AND: AUSTRALIAN BROADCASTING TRIBUNAL Second Respondent AND:

NORTH QUEENSLAND PORTFOLTO PTY LIMITED

Third Respondent

aS

SE

ORDER

JUDGE MAKING ORDER: FITZGERALD J.

DATE OF ORDER:

WHERE MADE:

22 NOVEMBER 1983 BRISBANE

THE COURT ORDERS THAT:

1.

Applications G97 and G99 of 1983 be dismissed.

The Applicant pay North Queensland Portfolio Pty Ltd's taxed costs of and incidental to the hearing of 15 and 16 November 1983, and otherwise of and incidental to Application G99 of 1983. Otherwise, the costs of all parties of