Australian Competition & Consumer Commission v Seven Network Limited [2007] FCA 1505

FEDERAL COURT OF AUSTRALIA

Australian Competition & Consumer Commission v Seven Network Limited [2007] FCA 1505

TRADE PRACTICES – whether statements made in course of broadcast were misleading or deceptive in breach of s 52 of Trade Practices Act 1974 (Cth) – certain statements found to be misleading and deceptive – other representations subject to disclaimer or not adopted – whether exemption from liability for contravention of Act in s 65A of Act applies – prescribed information provider – whether contract, arrangement or understanding made must extend to actual representations made or only to general content – arrangement need not extend to specific representations made – whether supply of goods or services in s 65A(1)(a)(vi)(A) refers to goods or services in connection with which the publication was made (s 65A(1)(a)) or the "relevant goods or services" in s 65A(1)(a)(v) – s 65A(1)(a)(vi)(A) applies to goods or services in connection with which the publication was made – whether prescribed information provider must have a commercial interest in the subject matter of the publication for the exemption to apply – no commercial interest in goods or services the subject matter of the broadcast required – injunction not appropriate as against first respondent

Trade Practices Act 1974 (Cth) ss 51A, 52, 65A, 80

Advanced Hair Studio Pty Ltd v TVN Enterprises Ltd (1987) 18 FCR 1 cited Australian Ocean Line Pty Limited v West Australian Newspapers Limited (1985) 58 ALR 549 applied Bond v Barry [2007] FCA 1484 cited Butcher v Lachlan Elder Realty Pty Limited (2004) 218 CLR 592 applied Campomar Sociedad, Limitada v Nike International Limited (2000) 202 CLR 45 cited Global Sportsman PL v Mirror Newspapers Limited (1984) 2 FCR 82 cited Horwitz Grahame Books Pty Ltd v Performance Publications Pty Limited (1987) 8 IR 25 cited ICI v Trade Practices Commission (1992) 38 FCR 248 cited Johnson & Johnson Pacific Pty Limited v Unilever Australia Limited (No 2) (2006) 70 IPR 574cited Lovatt v Consolidated Magazines Pty Ltd (1988) 12 IPR 261 cited Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd (1982) 149 CLR 191 cited Shipping Corporation of India Limited v Gamlen Chemical Co (Australasia) Proprietary Limited (1980) 147 CLR 142 cited Sun Earth Homes Pty Limited v Australian Broadcasting Corporation (1993) 45 FCR 265 considered The Glendarroch [1894] P 226 cited Vines v Djordjevitch (1955) 91 CLR 512 cited