Federal Court of Australia
jupement No. 42° 4s
CATCHWORDS
ADMINISTRATIVE LAW - Broadcasting - Applications for commercial radio licence - Inquiry by Australian Broadcasting Tribunal - Alleged deficiencies 1n report of Tribunal - Whether Tribunal misdirected itself in law - Effect of erroneous reference 1n report to the relevant legislation - Effect of reference to "management of station" rather than provision of "adequate service" - Alleged omission to consider relevant considerations: undue concentration of influence, Tribunal's earlier Policy Statement - Failure of Tribunal to give adequate reasons for decision - Whether a failure to provide a proper report is a failure to observe a procedure required by law to be observed in connection with the decision to grant a licence ~- Whether omission of reasons for choosing successful applicant should lead to inference that no proper
comparison of suitability was made.
Broadcasting Act 1942 ss.25B, 81, 82, 83.
Administrative Decisions (Judicial Review) Act 1977 s.5.
NSW G.183 of 1987 OUR TOWN FM PTY LIMITED v AUSTRALIAN BROADCASTING TRIBUNAL &
ANOR
NSW. G.206 of 1987 . NEWCASTLE STEREO RADIO PTY LIMITED v_ AUSTRALIAN BROADCASTING
TRIBUNAL & ANOR
Wilcox J Sydney 4 September 1987
' EEDERAL count AUSTRAUA OF
FRIBDIOLS REGISIZ?
eer ee cone en te eee eee
pe awe
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
BETWEEN: AND: CORAM: WILCOX J PLACE: SYDNEY DATE: 4 SEPTEMBER 1987
No. NSW G.183 of 1987
OUR TOWN FM PTY LIMITED
Applicant
AUSTRALIAN BROADCASTING TRIBUNAL
First Respondent NEWCASTLE FM PTY LIMITED
Second Respondent
MINUTES OF ORDER
THE COURT ORDERS THAT:
l. The decision of the first respondent, Broadcasting Tribunal, made on 10 April 1987 to grant to the second respondent, Newcastle FM Pty Limited, a
commercial radio licence for a period of five years
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