Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Community Television Sydney Limited v Australian Broadcasting Authority (No 2) [2004] FCA 614
ADMINISTRATIVE LAW – role of statutory authority in judicial review proceedings – 'Hardiman' principle – whether applicable where the authority is performing a regulatory role rather than adjudicating between parties – whether applicable in 'one party' cases – whether applicable where the authority defends allegations made against it COSTS – appropriate order where authority infringes 'Hardiman' principle
Administrative Decisions (Judicial Review) Act 1977 (Cth) The Queen v Australian Broadcasting Tribunal; Ex parte Hardiman (1980) 144 CLR 13 applied Wyong-Gosford Progressive Community Radio Inc v Australian Broadcasting Authority (2003) 125 FCR 560 cited TXU Electricity Ltd v The Office of the Regulator-General (2001) 3 VR 93 followed COMMUNITY TELEVISION SYDNEY LIMITED v AUSTRALIAN BROADCASTING AUTHORITY & ANOR N 378 of 2004 SACKVILLE J SYDNEY 14 MAY 2004
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 378 OF 2004
BETWEEN: COMMUNITY TELEVISION SYDNEY LIMITED
APPLICANT
AND: AUSTRALIAN BROADCASTING AUTHORITY
FIRST RESPONDENT
TELEVISION SYDNEY (TVS) LIMITED
SECOND RESPONDENT
JUDGE: SACKVILLE J
DATE OF ORDER: 14 MAY 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The applicant pay 25% of the first respondent's costs of the proceedings. 2. The applicant pay the second respondent's costs of the proceedings. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 378 OF 2004
BETWEEN: COMMUNITY TELEVISION SYDNEY LIMITED
APPLICANT
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