Foxtel Management Pty Ltd v Seven Cable Network Television Pty Ltd [2000] FCA 1161

FEDERAL COURT OF AUSTRALIA

Foxtel Management Pty Ltd v Seven Cable Television Pty Ltd

[2000] FCA 1161

TELECOMMUNICATIONS – Promotion of competition in relation to analogue cable television programmes – facilitation of access under Part XIC of Trade Practices Act 1974 (Cth)– appeal from primary Judge's declaration of a "carriage service provider" within the meaning and for the purposes of the Telecommunications Act 1997 (Cth)– whether the appellants were both a carriage service provider and a content service provider – where the appellants together constituted a "carriage service provider" Telecommunications Act 1997 (Cth) Trade Practices Act 1974 (Cth) Broadcasting Services Act 1992 (Cth) Copyright Act 1968 (Cth) Rail Access Corporation v NSW Minerals Council Ltd (1998) 87 FCR 517 cited Hamersley Iron Pty Ltd v National Competition Council (1999) 164 ALR 203 cited In re Sydney International Airport (2000) A Compt T 1 par 14-17 cited Jones v The Commonwealth (No 2) (1965) 112 CLR 206 cited Telstra Corporation Ltd v Australasian Performing Right Association Ltd (1997) 191 CLR 140 cited

FOXTEL MANAGEMENT PTY LIMITED (ACN 068 671 938) and FOXTEL CABLE TELEVISION PTY LIMITED (ACN 069 008 797) v SEVEN CABLE TELEVISION PTY LIMITED (ACN 082 901 442), TELEVISION AND RADIO BROADCASTING SERVICES AUSTRALIA PTY LIMITED (ACN 070 677 717) and AUSTRALIAN COMPETITION & CONSUMER COMMISSION

N 526 of 2000

BEAUMONT, MOORE and GYLES JJ

SYDNEY

18 AUGUST 2000

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 526 of 2000

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL

COURT OF AUSTRALIA

BETWEEN: FOXTEL MANAGEMENT PTY LIMITED

(ACN 068 671 938)

First Appellant

FOXTEL CABLE TELEVISION PTY LIMITED

(ACN 069 008 797)

Second Appellant