Bond v Barry [2007] FCA 1484

FEDERAL COURT OF AUSTRALIA

Bond v Barry [2007] FCA 1484

TRADE PRACTICES – misleading or deceptive conduct – media exemption – prescribed publication of matter – prescribed information provider – supply of article by freelance journalist – pursuant to contract with newspaper company – publication in newspaper and online news website – whether conduct of freelance journalist protected by media exemption – whether conduct of editor of newspaper sending article by email to other editors within exemption – whether supply of article by freelance journalist "in connection with supply of goods or services" – limits of application of media exemption – inapplicability to accessorial liability – whether proceeding has reasonable prospect of success – no reasonable prospect of success – application dismissed PRACTICE AND PROCEDURE – summary dismissal – no reasonable prospect of success – criteria – application dismissed Trade Practices Act 1974 (Cth) Fair Trading Act 1987 (WA) Fair Trading Act 1987 (NSW) Second Reading Speech for the Statute Law (Miscellaneous Provisions) Bill (No 2) 1984 Advanced Hair Studio Pty Ltd v TVW Enterprises Ltd (1987) 18 FCR 1 cited Australian Ocean Line Pty Ltd v West Australian Newspapers Ltd (1983) 66 FLR cited Australian Ocean Line Pty Ltd v West Australian Newspapers Ltd (1985) 58 ALR 549 cited Carlovers Carwash Ltd v Sahathevan [2000] NSWSC 947 cited Global Sportsman Pty Ltd v Mirror Newspapers Pty Ltd (1984) 2 FCR 82 cited Infabrics Ltd v Jaytex Ltd [1981] 1 All ER 1057 cited Krahe v Freeman (1988) ATPR 40-871 cited Universal Telecasters (Qld) Ltd v Guthrie (1978) 32 FLR 360 cited Universal Telecasters (Qld) Ltd v Ainsworth Consolidated Industries Ltd (1983) ATPR 40-384 cited Webb v Bloch (1928) 41 CLR 331 cited Shorter Oxford English Dictionary (5th ed, Oxford University Press, 2002) ALAN BOND AND LESOTHO DIAMOND CORPORATION PLC v PAUL BARRY, NEWS DIGITAL MEDIA PTY LTD, NATIONWIDE NEWS PTY LTD, NEWS LIMITED AND NEIL LAURENCE BREEN WAD 121 OF 2007