Television Capricornia Pty Ltd v Australian Broadcasting Tribunal [1986] FCA 620

CATCHWORDS

BROADCASTING - Licence aoplication - Remote area commercial television service - Financial capability of successful applicant - Budget assumptions of applicant - Submission that no evidence of financial capability - Nature of "no evidence" ground in Administrative Decisions (Judicial Review) Act - Whether finding of financial capability 1s precondition in law to decision to recommend a particular application - Whether evidence demonstrated that financial capability "did not exist" - Supportability of findings of Tribunal in relation to varlous budget items.

Broadcasting Act 1942 ss.18, 83 Broadcasting and Television Amendment Act 1985 s.102

Administrative Decisions (Judicial Review) Act 1977 s.5

Allinson v General Council of Medical Education and Registration [1894] 1 QB 750, Ashbridge Investments Ltd v Minister of Housing and Local Government [1965] 1 WLR 1320, Coleen Properties Ltd v Minister of Housing and Local Government [1971] 1 WLR 433, Maradana Mosque Trustees v Mahmud {1967] AC 13, Khera v Secretary of State for the Home Department [1983] 2 WLR 321, Smitn v General Motor Cab Company Limited [1911] Ac 188, Minister for Immigration and Ethnic Affairs v Pochi (1980) 44 FLR 41, Regina v Deputy Industrial Injuries Commissioner; ex parte Moore [1965] 1 08 456, Mahon v Air New Zealand [1984] AC 808, The Queen v Australian Broadcasting Tribunal; ex parte 2HD Pty Limit-d (1979) 144 CLR 45, Secretary of State for Education and Science v Tameside Metropolitan Borough Council [1977] AC 1014, Caswell v Powell Duffryn ASSociated Collieries Limited [1940] AC 152, Holloway v McFeeters (1956) 94 CLR 470, Western Television

Limited v Australian Broadcasting Tribunal (Pincus J, 4 November 1986, not reported) referred to.

NTG 6 of 1986

TELEVISION CAPRICORNIA PTY LIMITED v_ AUSTRALIAN BROADC NG TRIBUNAL & ORS