Telstra Corporation Ltd v Seven Cable Television [2000] FCA 1160

Telstra Corporation Ltd v Seven Cable Television [2000] FCA 1160

The ACCC's 1999 declaration of the Analogue Subscription Television Broadcast Carriage Service was valid, as the ACCC had regard to the statutory objectives in s 152AB and s 152AL and did not misconstrue its powers or take into account irrelevant or fail to take into account required considerations; the Deeming Statement of 30 June 1997 was void for uncertainty as it failed to specify a complete service as required by the transitional legislation; and a later declaration cannot be made in respect of a service while a prior deemed declaration is extant.

Jurisdiction
Australia
Judgment Date
18 August 2000
Procedural Posture
Appellate / Judgment After Appeals and Cross Appeals
Outcome
Appeals and cross-appeals variously allowed in part or dismissed; Deeming Statement void; Declaration valid.
Legal Topics
['access Regimes' 'declarations by Accc' 'judicial Review of Administrative Decisions' 'telecommunications Access and Competition' 'admissibility of Expert Evidence']
['trade Practices' 'telecommunications' 'administrative Law' 'practice and Procedure'] ['access Regimes' 'declarations by Accc' 'judicial Review of Administrative Decisions' 'telecommunications Access and Competition' 'admissibility of Expert Evidence']

Case Brief

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Procedural Posture

Appellate / Judgment After Appeals and Cross Appeals

Legal Issues

  1. 1 ["Whether the ACCC's declaration of the Analogue Subscription Television Broadcast Carriage Service under s 152AL(3) of the Trade Practices Act 1974 was valid" 'Whether the Deeming Statement made by the ACCC on 30 June 1997 was valid' 'Whether two declarations (Deeming Statement and later declaration) could co-exist' 'Whether the ACCC failed to take into account relevant considerations or took into account irrelevant considerations under the Administrative Decisions (Judicial Review) Act 1977' "Extent of judicial review of the ACCC's declaration" 'Admissibility and relevance of expert economic evidence in judicial review proceedings']

Ratio Decidendi

The ACCC's 1999 declaration of the Analogue Subscription Television Broadcast Carriage Service was valid, as the ACCC had regard to the statutory objectives in s 152AB and s 152AL and did not misconstrue its powers or take into account irrelevant or fail to take into account required considerations; the Deeming Statement of 30 June 1997 was void for uncertainty as it failed to specify a complete service as required by the transitional legislation; and a later declaration cannot be made in respect of a service while a prior deemed declaration is extant.

Court Disposition

Appeals and cross-appeals variously allowed in part or dismissed; Deeming Statement void; Declaration valid.

Orders

  • ['In appeal N 527 of 2000, the appeal is dismissed, with costs.' 'In appeals N 508 of 2000 and N 529 of 2000: The appeal is allowed in part. Orders 1 and 3 made at first instance on 8 May 2000 set aside; it is declared that the Deeming Statement dated 30 June 1997 is void; no order for costs of proceedings N 1095 of...