Australian Postal Corporation v Johnston [2007] FCA 386

FEDERAL COURT OF AUSTRALIA

Australian Postal Corporation v Johnston [2007] FCA 386

ADMINISTRATIVE LAW – consideration of whether the Australia Postal Corporation is exempt from the operation of the Freedom of Information Act 1982 (Cth) by reason of the operation of s 7 of that Act – consideration of the construction to be given to the phrase 'documents received or brought into existence in the course of, or for the purposes of, the carrying on of those activities' – consideration of the purpose of carrying on 'commercial activities'. Held Appeal allowed; decision of the Administrative Appeals Tribunal set aside and in substitution, the decision under review affirmed.

Freedom of Information Act 1982 (Cth) Administrative Appeals Tribunal Act 1975 Australian Postal Corporation Act 1989 (Cth) Trade Practices Act 1965 – 1971 (Cth) Trade Practices Act 1974 (Cth) Income Tax and Social Services Contribution Assessment Act 1936 – 1963 (Cth)

Mikasa (NSW) Pty Limited v Festival Stores (1972) 127 CLR 617 – cited and quoted National Mutual Life Association of Australia Limited v The Commissioner of Taxation (1970) 122 CLR 13 – cited and quoted Hook v Rolfe (1986) 7 NSWLR 40 – cited Secretary to The Department of Treasury and Finance v Dalla‑Riva [2007] VSCA 11 – cited and quoted Khoon's Official Assignee v Ex Liong Hin Ltd [1960] A.C. 178 - cited Mills v Mills (1938) 60 CLR 150 - cited AUSTRALIAN POSTAL CORPORATION v ALAN JOHNSTON QUD113 OF 2006

GREENWOOD J

26 MARCH 2007

BRISBANE (VIA VIDEO-LINK TO MELBOURNE) HEARD IN BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD113 OF 2006

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY DR K S LEVY, MEMBER

BETWEEN: AUSTRALIAN POSTAL CORPORATION

Applicant

AND: ALAN JOHNSTON

Respondent