Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wyong-Gosford Progressive Community Radio Inc v Australian Broadcasting Authority [2003] FCA 33
ADMINISTRATIVE LAW – Broadcasting – Application for community broadcasting licence – Five applicants for three available licences – Australian Broadcasting Authority ("ABA") allocated two licences and gave the three remaining applicants a further opportunity to provide additional information to enable ABA to allocate the licence to one of them – Without notice to other licence applicants, ABA permitted substitution of a new applicant and allocated licence to that applicant – Whether this course was permissible under the statute – Whether there was a breach of the obligations of natural justice – Whether ABA took into account irrelevant matter or failed to take into account relevant material. Broadcasting Services Act 1992: ss 82, 84, 85 Administrative Decisions (Judicial Review) Act 1977: s 5 WYONG-GOSFORD PROGRESSIVE COMMUNITY RADIO INC v AUSTRALIAN BROADCASTING AUTHORITY and GOSFORD CHRISTIAN BROADCASTERS LTD (trading as RHEMA FM) N 37 of 2003 WILCOX J 31 JANUARY 2003 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 37 of 2003
BETWEEN: WYONG-GOSFORD PROGRESSIVE COMMUNITY RADIO INC
APPLICANT
AND: AUSTRALIAN BROADCASTING AUTHORITY
FIRST RESPONDENT
GOSFORD CHRISTIAN BROADCASTERS LTD (Trading as RHEMA FM)
SECOND RESPONDENT
JUDGE: WILCOX J
DATE OF ORDER: 31 JANUARY 2003
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application for review be allowed. 2. The decision of the first respondent, Australian Broadcasting Authority, to allocate to the second respondent, Gosford Christian Broadcasters Limited (trading as Rhema FM), Service Licence 1150186 be set aside. 3. The said first respondent pay to the applicant, Wyong-Gosford Progressive Community Radio Inc, its costs of this proceeding. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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