Channel Seven Brisbane Pty Limited v Australian Competition & Consumer Commission [2008] FCAFC 114

Channel Seven Brisbane Pty Limited v Australian Competition & Consumer Commission [2008] FCAFC 114

The goods or services referred to in the broadcasts were not of a kind supplied by the appellants; thus, the exception to the s 65A exemption did not apply. The appellants, as prescribed information providers, are entitled to the s 65A exemption and could not contravene s 52 in respect of the broadcasts.

Jurisdiction
Australia
Judgment Date
23 June 2008
Procedural Posture
Appeal / Full Court Judgment
Outcome
Appeal allowed; proceeding dismissed as against the appellants.
Legal Topics
['misleading and Deceptive Conduct' 'media Exemption' 'statutory Interpretation' 'declarations' 'injunctions']
['trade Practices' 'consumer Protection' 'broadcasting Law'] ['misleading and Deceptive Conduct' 'media Exemption' 'statutory Interpretation' 'declarations' 'injunctions']

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Procedural Posture

Appeal / Full Court Judgment

Legal Issues

  1. 1 ['Whether appellants engaged in misleading or deceptive conduct in contravention of s 52 of the Trade Practices Act 1974 (Cth)' 'Whether appellants were entitled to the exemption provided by s 65A of the Trade Practices Act' "Interpretation of s 65A(1)(a)(vi) regarding 'goods or services of that kind'"]

Ratio Decidendi

The goods or services referred to in the broadcasts were not of a kind supplied by the appellants; thus, the exception to the s 65A exemption did not apply. The appellants, as prescribed information providers, are entitled to the s 65A exemption and could not contravene s 52 in respect of the broadcasts.

Court Disposition

Appeal allowed; proceeding dismissed as against the appellants.

Orders

  • ['The appeal be allowed.' 'Declarations in paragraph 2 and 3 and the order in paragraph 1 made by the Federal Court of Australia on 12 October 2007 as against the appellants be set aside.' 'The proceeding be dismissed as against the second, third, fourth and fifth respondents to the proceeding.' "The respondent to...