Bond v Barry [2007] FCA 2034

FEDERAL COURT OF AUSTRALIA

Bond v Barry [2007] FCA 2034 APPEAL – application for leave to appeal – interlocutory judgment of dismissal pursuant to Federal Court of Australia Act 1976 (Cth) s 31A – points of substance – misleading or deceptive conduct – media exemption – construction of s 65A(1)(a) and s 65A(1)(a)(vi) of the Trade Practices Act 1974 (Cth) – whether supply by freelance journalist to newspaper company pursuant to contract a "publication" – whether assuming "publication" the matter published was "in connection with" the supply or possible supply of goods or services – whether decision attended with sufficient doubt – leave granted. Trade Practices Act 1974 (Cth), ss 52, 65A Fair Trading Act 1987 (WA), ss 1, 74 Fair Trading Act 1987 (NSW), s 42 Broadcasting Services Act 1992 Federal Court of Australia Act 1976 (Cth), s 24(1A), 31A Australian Competition & Consumer Commission v Seven Network Ltd [2007] FCA 1505 discussed Decor Corporation and Another Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 cited Ian Duncan v Secretary, Department of Family and Community Services [2007] FCA 507 cited Dunstan v Orr [2007] FCA 873 cited Yap v Granich & Associates [2001] FCA 1735 cited 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 192 OF 2007

GILMOUR J

18 DECEMBER 2007

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 192 OF 2007

BETWEEN: ALAN BOND

First Applicant

LESOTHO DIAMOND CORPORATION PLC

Second Applicant

AND: PAUL BARRY

First Respondent

NEWS DIGITAL MEDIA PTY LTD

Second Respondent

NATIONWIDE NEWS PTY LTD

Third Respondent

NEWS LIMITED

Fourth Respondent