R v Australian Broadcasting Tribunal; Ex parte Hardiman [1980] HCA 13

High Court of Australia Gibbs, Stephen, Mason, Aickin and Wilson JJ. R v Australian Broadcasting Tribunal; Ex parte Hardiman [1980] HCA 13

ORDER Order absolute for a writ of mandamus commanding the Australian Broadcasting Tribunal, Bruce Gyngell (Chairman of the Australian Broadcasting Tribunal) and Keith Moremon (Member of the Australian Broadcasting Tribunal) to conduct in accordance with law the presently adjourned inquiry under s. 92F of the Broadcasting and Television Act 1942 Cth, as amended, into the matters relating to the transaction involving the acquisition by Control Investments Pty. Ltd. of shareholding interests in Ansett Transport Industries Ltd. specified in the notice of inquiry given on 24th March 1980.

The Court delivered the following written judgment:—

May 15 Gibbs, Stephen, Mason, Aickin and Wilson JJ.

This is an application to make absolute an order nisi for mandamus and prohibition granted by Stephen J. directed to the respondent Tribunal, its members, Control Investments Pty. Ltd. ("Control"), certain companies associated with Control, Mr. K. R. Murdoch and the Producers & Directors Guild of Australia, being parties to an inquiry before the Tribunal into an application by Control under s. 92F (2) of the Broadcasting and Television Act 1942, as amended ("the Act"). Control is and was at all material times a wholly-owned subsidiary of The News Corporation Ltd. ("News"). By letter dated 10th March 1980 addressed to the Tribunal, Control made application for approval pursuant to s. 92F (2) of the Act, of its acquisiton of an interest of up to 38,560,981 ordinary shares in Ansett Transport Industries Ltd. ("A.T.I."), being one-half of the issued capital of that company.

The prosecutors represent the Australian Labor Party and comprise the members of the Administrative Committee of the Victorian Branch of the Party and the members of the National Executive of the Party. The prosecutors were considered by the Tribunal to be persons having an interest in the inquiry and were, with the approval of the Tribunal, represented at the inquiry by counsel pursuant to s. 22 of the Act.