Australian Competition and Consumer Commission v Channel Seven Brisbane Pty Limited [2009] HCA 19

HIGH COURT OF AUSTRALIA

FRENCH CJ

GUMMOW, HAYNE, HEYDON AND KIEFEL JJ

AUSTRALIAN COMPETITION AND CONSUMER

COMMISSION APPELLANT

AND

CHANNEL SEVEN BRISBANE PTY LIMITED & ORS RESPONDENTS

Australian Competition and Consumer Commission v Channel Seven Brisbane Pty Limited

[2009] HCA 19

30 April 2009

S506/2008

ORDER

1. Appeal allowed with costs.

2. Set aside the orders made by the Full Court of the Federal Court on 23 June 2008 and in their place order that the appeal to that Court be dismissed with costs.

On appeal from the Federal Court of Australia

Representation

S J Gageler SC, Solicitor-General of the Commonwealth of Australia with S T White SC and J S Gleeson for the appellant (instructed by Australian Government Solicitor)

T E F Hughes QC with A S Bell SC and P Zappia for the respondents (instructed by Freehills)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Australian Competition and Consumer Commission v Channel Seven Brisbane Pty Limited

Trade Practices – Consumer protection – Misleading or deceptive conduct – Where Trade Practices Act 1974 (Cth), s 65A provides exemption from liability in respect of prescribed publication of matter by prescribed information provider – Exception to exemption in respect of publication in connection with supply, possible supply or promotion of supply or use of goods or services – Application of exception where publication made pursuant to contract, arrangement or understanding with person who supplies goods or services "of that kind" – Meaning of phrase "of that kind" in context of provision – Whether exception applies only where contract, arrangement or understanding relates to specific representations made in publication of matter.

Statutory Interpretation – Use of demonstrative adjective "that" – Determining referent of phrase "of that kind" – Relevance of textual proximity or sequential order – Whether alternative paragraphs in sub-section to be read distributively or as single sentence – Relevance of statutory intention – Extent of assistance from extrinsic materials.