Bond v Barry [2007] FCA 2034

Bond v Barry [2007] FCA 2034

Given the statutory complexity and potential for injustice if the decision below was incorrect, leave to appeal was granted due to sufficient doubt attending the construction of s 65A of the Trade Practices Act 1974 (Cth) regarding the application of the media exemption to freelance journalists’ submissions to media organisations.

Jurisdiction
Australia
Judgment Date
18 December 2007
Procedural Posture
Application for Leave to Appeal / Leave to Appeal From Interlocutory Judgment of Dismissal
Outcome
Leave to appeal granted
Legal Topics
['misleading or Deceptive Conduct' 'media Exemption' 'construction of Statutes']
['competition and Consumer Law'] ['misleading or Deceptive Conduct' 'media Exemption' 'construction of Statutes']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Leave to Appeal From Interlocutory Judgment of Dismissal

Legal Issues

  1. 1 ['Whether leave should be granted to appeal the interlocutory dismissal under s 31A of the Federal Court of Australia Act 1976 (Cth)' "Whether supply of article by freelance journalist to newspaper is a 'publication' under s 65A of Trade Practices Act 1974 (Cth)" "Whether such publication is 'in connection with' the supply of goods or services under s 65A(1)(a)(i) and (vi)"]

Ratio Decidendi

Given the statutory complexity and potential for injustice if the decision below was incorrect, leave to appeal was granted due to sufficient doubt attending the construction of s 65A of the Trade Practices Act 1974 (Cth) regarding the application of the media exemption to freelance journalists’ submissions to media organisations.

Court Disposition

Leave to appeal granted

Orders

  • ['Applicants have leave within 7 days to appeal from the interlocutory judgment of French J delivered on 21 September 2007 on the grounds set out in the Amended Draft Notice of Appeal.' 'Costs be costs in the appeal.']