Re Country Television Services Ltd [1984] ATPT 1

Re Country Television Services Ltd [1984] ATPT 1

The applicant's notification by solicitors' letter did not itself withdraw the application for review. Because there was no real likelihood that the public would be misled into thinking future conduct was authorised, because the Commission had statutory power to revoke authorisation if circumstances materially changed, and because no good purpose would be served by keeping the application alive, leave to withdraw the application for review should be granted.

Jurisdiction
Australia
Judgment Date
14 December 1984
Procedural Posture
Application for Review of a Determination Made by the Trade Practices Commission Dated 12 September 1984 (determination No. A21265) Under the Trade Practices Act 1974 / Application for Leave to Withdraw Application for Review No. 4 of 1984
Outcome
Leave granted to the applicant to withdraw application for review No. 4 of 1984.
Legal Topics
['authorisation' 'withdrawal of Application for Review' 'powers of the Trade Practices Tribunal' 'public Interest']
['trade Practices' 'administrative Review'] ['authorisation' 'withdrawal of Application for Review' 'powers of the Trade Practices Tribunal' 'public Interest']

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Procedural Posture

Application for Review of a Determination Made by the Trade Practices Commission Dated 12 September 1984 (determination No. A21265) Under the Trade Practices Act 1974 / Application for Leave to Withdraw Application for Review No. 4 of 1984

Legal Issues

  1. 1 ["Whether the applicant's letter stating that it withdrew the application operated of its own force to withdraw the application for review." 'Whether an application for review before the Trade Practices Tribunal can be withdrawn only by leave of the Tribunal.' "Whether leave should be granted to withdraw the application rather than setting aside the Commission's determination."]

Ratio Decidendi

The applicant's notification by solicitors' letter did not itself withdraw the application for review. Because there was no real likelihood that the public would be misled into thinking future conduct was authorised, because the Commission had statutory power to revoke authorisation if circumstances materially changed, and because no good purpose would be served by keeping the application alive, leave to withdraw the application for review should be granted.

Court Disposition

Leave granted to the applicant to withdraw application for review No. 4 of 1984.

Orders

  • ['The Tribunal determines that leave be given to the applicant, Country Television Services Limited, to withdraw application for review No. 4 of 1984.' 'The Tribunal orders that leave be given to the applicant to withdraw application for review No. 4 of 1984.']