Telstra Corporation Ltd v Seven Cable Television [2000] FCA 1160

FEDERAL COURT OF AUSTRALIA

Telstra Corporation Ltd v Seven Cable Television Pty Ltd [2000] FCA 1160

TRADE PRACTICES – telecommunications – promotion of competition in relation to analogue cable television services – facilitation of access under Part XIC of Trade Practices Act 1974 – specification of eligible services by Australian Competition and Consumer Commission ("ACCC") pursuant to transitional legislation – whether invalid by reference to elements purportedly specified – effect of invalidity – whether void ab initio – later declaration by ACCC of services pursuant to s 152AL of the Trade Practises Act – whether earlier specification if valid was deemed a declaration under s 152AL – whether could co-exist with later declaration of services dealing with same subject matter – whether revocation of earlier declaration necessary TRADE PRACTICES – telecommunications – declaration of listed services by ACCC pursuant to s 152AL of Trade Practices Act – ACCC required to have regard to extent declaration likely to result in achievement of objective of promotion of competition in markets for listed services – whether required to define relevant market – whether took into account irrelevant considerations or did not take into account relevant considerations – whether no evidence for findings – extent of judicial review of ACCC ADMINISTRATIVE LAW – JUDICIAL REVIEW - appeal from review of administrative decision – determination by ACCC in relation to promotion of competition – relevance of expert evidence to reviewing judge – whether failure to take into account relevant considerations – alleged taking account of irrelevant considerations – alleged predetermination – alleged error of law – whether no evidence to support conclusions – whether sought impermissible review of merits ADMINISTRATIVE LAW – effect of invalidity of determination – whether void ab initio – co-existence of declarations where one is a deemed exercise of other power – whether can be later declaration if earlier declaration in existence PRACTICE AND PROCEDURE – expert economic evidence – admissibility – trail judge discretion – relevance to judicial review of ACCC findings