TVW Enterprises Ltd v Australian Broadcasting Tribunal & Ors [1986] FCA 29

ft

g

'

L 1X teeny" q 2 )

Administrative Law - Judicial Review - Australian

Broadcasting Tribunal - inquiry under s.83 - grant of licence for commercial television station - refusal to admit substantial body of evidence on an alternative television proposal - observations on duties of thoroughness, expedition and justice - balance required - tribunal to determine

relevance - policy reasons to limit scope of inquiry.

Administrative Decisions (Judicial Review) Act 1977 Broadcasting and Television Act 1942 $.25(1), 3.83(6)(d)

TVW ENTERPRISES LIMITED v. AUSTRALIAN BROADCASTING TRIBUNAL, KENNETH ARCHER and SWAN TELEVISION, RADIO BROADCASTERS LIMITED and WESTERN TELEVISION LIMITED, WEST. _—- COAST'

TELECASTERS LIMITED and PUBLIC TELEVISION OF WESTERN AUSTRALTA (INC. )

No. WA G5 of 1986

MUIRHEAD J. PERTH

7 FEBRUARY 1986

IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION

NO. WA G5 of 1986

wee ewe

BETWEEN:

TVW ENTERPRISES LIMITED Applicant

and

AUSTRALIAN BROADCASTING TRIBUNAL AND KENNETH ARCHER

First respondents

and

SWAN TELEVISION & RADIO BROADCASTERS LIMITED

Second respondents

and

WESTERN TELEVISION LIMITED WEST COAST TELECASTERS LIMITED

Third respondents

and

PUBLIC TELEVISION WESTERN AUSTRALIA (INC. )

Fourth respondent

MINUTE OF ORDER

JUDGE MAKING ORDER: MUIRHEAD J.

DATE OF ORDER: 7th February 1986 WHERE MADE: Perth

THE COURT ORDERS THAT:

The application is dismissed.

The respondents be at liberty to apply for costs.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION

No. WAGS of 1986

~~ eee

BETWEEN:

TVW ENTERPRISES LIMITED Applicant

and

AUSTRALIAN BROADCASTING TRIBUNAL AND KENNETH ARCHER

First respondents

and

SWAN TELEVISION & RADIO BROADCASTERS LIMITED

Second respondents