Canwest Global Communications Corp v Treasurer of the Commonwealth of Australia Donholken Pty Ltd v Treasurer of the Commonwealth of Australia Selli Pty Ltd v Treasurer of the Commonwealth of Australia [1997] FCA 730

FEDERAL COURT OF AUSTRALIA

FOREIGN ACQUISITIONS AND TAKEOVERS - whether companies holding shares in company with television licences controlled by foreign persons - tests of control considered - whether judicial review available - whether rules of natural justice required a person who could be ordered to divest itself of shares be afforded an opportunity to make submissions to the contrary - whether Treasurer erred in law in making order under s18(4) of the Foreign Acquisitions and Takeovers Act 1975 - need to exercise discretion under relevant head of power - Treasurer's decision set aside. Foreign Acquisitions and Takeovers Act 1975 (Cth), ss5, 8, 9, 11, 18, 25, 26, 26A and 38A Broadcasting Services Act 1992 (Cth), s57(1) Save the Showground for Sydney Inc v The Minister for Urban Affairs and Planning (NSW Court of Appeal, unreported, 16 June 1997), considered Buck v Bavone (1976) 135 CLR 110, considered Leisure & Entertainment Pty Ltd v Willis (1996) 64 FCR 205, applied State of South Australia v O'Shea (1987) 163 CLR 378, applied Waters v Acting Administrator for the Northern Territory (1993) 46 FCR 483, applied Haoucher v Minister for Immigration and Ethnic Affairs (1990) 169 CLR 648, referred to and applied Attorney-General for New South Wales v Quin (1990) 170 CLR 1, applied Commissioner of Taxation v Cripps and Jones Holdings Pty Ltd (1987) 17 FCR 55, distinguished Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259, applied WP Keighery Pty Ltd v Federal Commissioner of Taxation (1957) 100 CLR 66, applied Mendes v Commissioner of Probate Duties (Vic) (1967) 122 CLR 152, applied Equiticorp Industries Ltd v ACI International Ltd (1987) VR 485, applied National Companies & Securities Commission v Brierley Investments Ltd (1988) 14 NSWLR 273, applied Re Application of The News Corporation Ltd (1987) 15 FCR 227, applied Public Service Board of New South Wales v Osmond (1986) 159 CLR 656, applied Minister for Immigration & Ethnic Affairs v Teoh (1995) 183 CLR 273, distinguished Minister for Immigration, Local Government and Ethnic Affairs v Gray (1994) 50 FCR 198, distinguished