Federal Court of Australia
CATCHWORDS Administrative Law -— Broadcasting and Television Act - refusal to
grant supplementary FM radio broadcasting licence — recommendation to invite applications for additional licence - having due regard to need for commercial viability of existing station, need to determine reasonable likelihood of commercial viabililty of additional station - determination that having considered need for an adequate and comprehensive service and whether an undue concentration of ownership it 1s in public interest to invite applications for additional licence - whether use of range of levels of revenue and expenditure amounted to failure to determine likely revenue or expenditure of existing and additional station -
whether failure to determine that concentration of ownership was
undue.
Administrative Decisions (Judicial Review) Act 1977
Broadcasting and Television Act 1942 s.83.
SUNRAYSIA BROADCASTERS PTY. LTD v. THE AUSTRALIAN BROADCASTING
TRIBUNAL and ORS
vG 400 of 1986
Sweeney, J. Melbourne
20 August, 1987
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IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
No. VG 400 of 1986
GENERAL DIVISION
BETWEEN:
AND
AND
AND
PLACE
DATE
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SUNRAYSIA BROADCASTERS PTY. LTD Applicant
THE AUSTRALIAN BROADCASTING TRIBUNAL
First Respondent
THE HONOURABLE MICHAEL DUFFY
(as the Minister of State for Communications)
Second Respondent
MURRAY RIVER FM LTD Third Respondent
THE COURT: Sweeney J.
: Melbourne
: 20 August, 1987
MINUTES OF ORDER
The Court orders that —-
i.
2.
the decision and recommendation of the first respondent
in the report dated 27 October 1986 be set aside
the application of the applicant for a supplementary
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Note:
broadcasting licence be referred back to
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