Wyong-Gosford Progressive Community Radio Incorporated v Australian Communications Media Authority and Gosford Christian Broadcasters Limited [2006] FCA 1691

FEDERAL COURT OF AUSTRALIA

Wyong-Gosford Progressive Community Radio Incorporated v Australian Communications Media Authority and Gosford Christian Broadcasters Limited [2006] FCA 1691

ADMINISTRATIVE LAW – application for extension of timeto bring proceedings under the Administrative Decisions (Judicial Review) Act 1977 (Cth) – whether extension should be granted – whether proceedings under s 39B of the Judiciary Act 1903 (Cth) were commenced within a reasonable time – whether licensing authority misconstrued provisions of the Broadcasting Services Act 1992 (Cth) – whether licensing authority took into account irrelevant considerations – whether licensing authority failed to take account of relevant considerations – whether decision unreasonable – whether there was evidence for licensing authority's finding.

Held: application dismissed

Administrative Decision (Judicial Review) Act 1977 (Cth), ss 5, 11 Broadcasting Services Act 1992 (Cth), ss 3, 5, 6, 15, 84, 89

Ansell v Wells and Others (1982) 63 FLR 127, cited Australian Broadcasting Tribunal v Bond and Others (1990) 170 CLR 321, cited Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541, cited Buck v Bavone (1976) 135 CLR 110, referred to Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280, cited Community Television Sydney Ltd v Australian Broadcasting Authority and Another (2004) 136 FCR 316, cited Curragh Queensland Mining Limited v Daniel and Others (1992) 34 FCR 212, referred to Doyle v Chief of General Staff (1982) 42 ALR 283, referred to Elias v Commissioner of Taxation (2002) 123 FCR 499, referred to F Hoffmann-La Roche & Co AG v Secretary of State for Trade and Industry (1975) AC 295, cited Gamaethige v Minister for Immigration and Multicultural Affairs (2001) 109 FCR 424, referred to Hickey and Others v Australian Telecommunications Commission (1983) 72 FLR 291, referred to Hill v Green (1999) 48 NSWLR 161, cited Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344, referred to Kruger and Others v Commonwealth of Australia (1997) 190 CLR 1, referred to Lovett v Le Gall (1975) 10 SASR 479, referred to Lucic v Nolan and Others (1982) 45 ALR 411, referred to Minister for Aboriginal Affairs and Another v Peko-Wallsend Limited and Others (1986) 162 CLR 24, followed Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611, referred to Minister for Immigration and Multicultural Affairs v Rajamanikkam and Another (2002) 210 CLR 222, cited Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323, referred to R v O'Sullivan; Ex parte Clarke [1967] WAR 168, referred to Ralkon Agricultural Co Pty Ltd v Aboriginal Development Commission (1982) 43 ALR 535, referred to Re David Smith and The West Australian Development Corporation; Ex parte Rundle and Others (1992) 5 WAR 295, cited Re Refugee Review Tribunal and Another; Ex parte Aala [2000] 204 CLR 82, cited Silkman v Kendall [1982] 1 NSWLR 133, referred to Telstra Corp Ltd v Hornsby Shire Council (2006) 146 LGERA 10, referred to The Queen v Australian Stevedoring Industry Board and Another: Ex parte Melbourne Stevedoring Company Proprietary Limited (1953)88 CLR 100, referred to The Queen v The Australian Broadcasting Tribunal and Others; Ex parte Hardiman and Others (1980) 144 CLR 13, referred to Toohey v Taylor [1983] 1 NSWLR 743, referred to Wedesweiller and Others v Cole and Others (1983) 47 ALR 528, referred to Wyong-Gosford Progressive Community Radio Inc v Australian Broadcasting Authority and Another [2003] 125 FCR 560, referred to