Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ADMINISTRATIVE LAW - Administrative Decisions (Judicial Review) Act 1977 (Cth) - review of decision by the respondent to extend period of time by which the applicant must comply with notices issued under s 70 of the Broadcasting Services Act 1992 (Cth) - extension granted by the respondent four months and 10 days - applicant seeking maximum possible extension of six months - whether the respondent misconstrued s 71 of Broadcasting Services Act 1992 (Cth) - whether respondent failed to take into account relevant considerations - whether exercise of power by respondent unreasonable - whether applicant denied natural justice.
Administrative Decisions (Judicial Review) Act 1977 (Cth), ss 5, 13
Broadcasting Services Act 1992 (Cth), ss 3, 4, 5, 57, 70, 71, 72, 160
Minister for Aboriginal Affairs v Peko Wallsend Limited (1986) 162 CLR 24, applied
Teoh v Minister for Immigration and Ethnic Affairs (1994) 49 FCR 409, cited
Turner v Minister for Immigration (1981) 35 ALR 388, cited
Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223, cited
Attorney-General (NSW) v Quin (1990) 170 CLR 1, applied
Carltona Ltd v Commissioners of Works [1943] 2 All ER 560, cited Flentjar v Repatriation Commission (Full Federal Court, 10 October 1997, unreported), cited
canwest global communications corp v
AUSTRALIAN BROADCASTING AUTHORITY
NG 1073 of 1997
BRANSON J
SYDNEY
14 JANUARY 1998
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 1073 of 1997
BETWEEN: CANWEST GLOBAL COMMUNICATIONS CORP.
Applicant
AND: AUSTRALIAN BROADCASTING AUTHORITY
Respondent
JUDGE(S): BRANSON J
DATE OF ORDER: 14 JANUARY 1998
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The applicant file and serve by no later than 4.00 pm on 20 January 1998 minutes of order in terms consistent with these reasons; and 2. The parties have liberty to apply at short notice to have the matter relisted for consideration of such minutes of order.
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