Western Television Ltd v Australian Broadcasting Tribunal [1986] FCA 487

CATCHWORDS

ADMINISTRATIVE LAW - commercial television licence far Perth - competing applicants - relevant consideration ignored - point abandoned below - discretion to refuse relief - whether evidence to justify decision - what must be proved to satisfy Judicial Review Act - whether wrong weighting of considerations fatal.

POST AND TELEGRAPH - commercial television licence - grant of licence

to one of two applicants - which more "suitable" - what constitutes suitability - convictions of associated person for tax offences - relevance to suitability of applicant - control of transactions in shares of licensed companies - whether

Tribunal can control same in course of licensing process.

STATUTES - Broadcasting Act - construction - use of Second Reading

Speech - whether implication should be made - consideration of history of exercise of Tribunal's functions in aid of construction.

Administrative Decisions (Judicial Review) Act 1977 s.5

Broadcasting and Television Act 1942 ss.25(1); 81; 83, 89A, 91(2), 92A, 92B, 92F, 92FAA

Western Television Limited v. Australian Broadcasting Tribunal & Anor.

NSW G364 of 1986

PINCUS J. BRISBANE - 4 NOVEMBER 1986

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IN THE FEDERAL COURT OF AUSTRAT.JA ) WEST AUSTRALIAN DISTRICT REGISTRY ) N.S.W. G364 of 1986 GENERAL DIVISTON )

BETWEEN: WESTERN TELEVISION LIMITED

Applicant AND: AUSTRALIAN BROADCASTING TRIBUNAL

First Respondent

AND: WEST COAST TELECASTERS LTD.

Second Respondent

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 4 NOVEMBER 1986 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The application be dismissed.

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

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IN THE FEDERAL COURT OF AUSTRALIA ) WEST AUSTRALIAN DISTRICT REGISTRY ) N.S.W. G364 of 1986 GENBRAL DIVISION )