Seven Network Limited v Australian Competition & Consumer Commission [2004] FCA 1667

FEDERAL COURT OF AUSTRALIA

Seven Network Limited v Australian Competition & Consumer Commission [2004] FCA 1667 PRACTICE AND PROCEDURE – complaint of regulatory authority of misleading and deceptive conduct by television broadcaster in relation to televised program – institution by regulatory authority of inquiry into television broadcast – application of television broadcaster to restrain continuation of inquiry dismissed – appeal against dismissal at first instance also dismissed by Full Court – application for special leave to appeal from Full Court's decision in favour of regulated authority to High Court pending – application of television broadcaster for injunction to continue inquiry by regulatory authority pending outcome of television broadcaster's application to High Court for special leave to appeal – application for injunction dismissed Trade Practices Act 1974 (Cth) ss 51A, 52, 65(1), 155(1) and 163A Riley McKay Pty Ltd v Bannerman (1977) 15 ALR 561 referred to SA Brewing Holdings Ltd v Baxt (1989) 23 FCR 357 referred to WA Pines Pty Ltd v Bannerman (1980) 41 FLR 175 referred to George v Rockett (1970) 170 CLR 104 referred to Hussien v Chong Fook Kam [1970] AC 942 referred to Cassidy v Saatchi Australia Pty Ltd [2004] ATPR 41-980 referred to Australian Ocean Line Pty Ltd v West Australian Newspapers Ltd (1985) 58 ALR 549 referred to Gianni Versace SpA v Monte (2002) 119 FCR 349 referred to Universal Telecasters (Qld) Ltd v Guthrie (1978) 18 ALR 531 referred to Commissioners of Inland Revenue v Maple & Co (Paris) Ltd [1908] AC 22 referred to Oceanic Life Ltd v Chief Commissioner of Stamp Duties (1999) 168 ALR 211 referred to McGuinness v Attorney-General of Victoria (1940) 63 CLR 73 referred to SDN Children's Services Inc v Hughes (unreported 14 May 2002) applied Jennings Constructions Ltd v Burgundy Royale Investments Pty Ltd (1986) 161 CLR 681 referred to Marconi's Wireless Telegraph Co Ltd v The Commonwealth (No 3) (1913) 16 CLR 384 referred to Paringa Mining and Exploration Co Plc (1988) 165 CLR 452 referred to CSR Ltd v Cigna Insurance Australia Ltd (1997) 195 CLR 1 referred to Australian Broadcasting Corporation v Lenah Game Meats Pty Limited (2001) 208 CLR 199 discussed Australian Builders Construction Employees And Builders' Labourers Federation v Commonwealth of Australia and Others (1981) 37 ALR 470 discussed Bereove v Hermes and Others (1983-84) 51 ALR 105 discussed Wakim ex parte McNally (1999) 198 CLR 511 discussed John Fairfax & Sons Ltd v Cojuangeo (1988) 165 CLR 346 discussed SEVEN NETWORK LIMITED, HOWARD GIPPS AND SIMONE CUNNINGHAM v AUSTRALIAN COMPETITION AND CONSUMER COMMISSION NSD 1232 OF 2004 CONTI J 17 December 2004 SYDNEY