Communications, Application for writ against Minister. Ex Parte NBN Ltd [1986] FCA 560

Communications, Application for writ against Minister. Ex Parte NBN Ltd [1986] FCA 560

NBN Limited established a breach of duty by the Minister under sub-section 82A(4) of the Broadcasting and Television Act 1942. The delay after the Government's announcement was not so great as to deny relief, the non-disclosure of the 9 July 1985 press release did not justify refusal, and although pending legislation raised a real risk of futility it did not at that stage exclude relief. The order nisi was therefore made absolute, with operation suspended for 14 days to allow further application if necessary.

Jurisdiction
Australia
Judgment Date
02 December 1986
Procedural Posture
Application for Writ of Mandamus / Return of Order Nisi; Question Whether the Order Nisi Should Be Made Absolute or Discharged
Outcome
Order nisi for a writ of mandamus made absolute; operation suspended for 14 days.
Legal Topics
['writ of Mandamus' 'ministerial Duty to Consider Supplementary Television Licence Application' 'discretionary Refusal of Prerogative Relief' 'delay' 'non Disclosure on Application for Order Nisi' 'effect of Proposed Legislative Change']
['administrative Law' 'broadcasting and Television Regulation'] ['writ of Mandamus' 'ministerial Duty to Consider Supplementary Television Licence Application' 'discretionary Refusal of Prerogative Relief' 'delay' 'non Disclosure on Application for Order Nisi' 'effect of Proposed Legislative Change']

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Procedural Posture

Application for Writ of Mandamus / Return of Order Nisi; Question Whether the Order Nisi Should Be Made Absolute or Discharged

Legal Issues

  1. 1 ["Whether the Minister for Communications had a duty under sub-section 82A(4) of the Broadcasting and Television Act 1942 to deal with NBN Limited's application for a supplementary television licence by referring it to the Tribunal or dismissing it." "Whether NBN Limited's application for mandamus should be refused on the discretionary ground of unwarrantable delay." 'Whether relief should be refused because NBN Limited failed to disclose relevant matters when applying for the order nisi.' 'Whether proposed legislative changes abolishing the supplementary television licence scheme would render mandamus futile.']

Ratio Decidendi

NBN Limited established a breach of duty by the Minister under sub-section 82A(4) of the Broadcasting and Television Act 1942. The delay after the Government's announcement was not so great as to deny relief, the non-disclosure of the 9 July 1985 press release did not justify refusal, and although pending legislation raised a real risk of futility it did not at that stage exclude relief. The order nisi was therefore made absolute, with operation suspended for 14 days to allow further application if necessary.

Court Disposition

Order nisi for a writ of mandamus made absolute; operation suspended for 14 days.

Orders

  • ['The order nisi for a writ of mandamus be made absolute.' 'The Minister for Communications pay to NBN Limited its costs of the application to date.' 'The operation of this order be suspended for a period of 14 days with liberty to either party to apply to this Court in the meantime for further order.']