Pac-Rim Printing Pty Ltd v Australian Postal Corp [2000] FCA 475

Pac-Rim Printing Pty Ltd v Australian Postal Corp [2000] FCA 475

The article was not a "leaflet" within s 30(1)(c) because, although physically capable of being described as a folded printed sheet, its substance was a personal communication arising out of a pre-existing relationship with Golden Casket Winners Circle cardholders, and that relationship was recalled in and relevant...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
12 April 2000
Procedural Posture
Appeal / Appeal From a Single Judge of the Federal Court Granting a Declaration of Contravention of S 29 of the Australian Postal Corporation Act 1989 (cth)
Outcome
Appeal dismissed with costs.
Legal Topics
['meaning of "leaflet"' 'reserved Postal Services' 'carriage and Delivery of Letters' 'exceptions Under S 30(1)(c) of the Australian Postal Corporation Act 1989 (cth)']
['statutory Interpretation' 'postal Services Regulation'] ['meaning of "leaflet"' 'reserved Postal Services' 'carriage and Delivery of Letters' 'exceptions Under S 30(1)(c) of the Australian Postal Corporation Act 1989 (cth)']

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Procedural Posture

Appeal / Appeal From a Single Judge of the Federal Court Granting a Declaration of Contravention of S 29 of the Australian Postal Corporation Act 1989 (cth)

Legal Issues

  1. 1 ['Whether the article delivered by the appellant was a "leaflet" within the meaning of s 30(1)(c) of the Australian Postal Corporation Act 1989 (Cth).' 'Whether the article fell outside the services reserved to Australia Post under s 29 of the Australian Postal Corporation Act 1989 (Cth).']

Ratio Decidendi

The article was not a "leaflet" within s 30(1)(c) because, although physically capable of being described as a folded printed sheet, its substance was a personal communication arising out of a pre-existing relationship with Golden Casket Winners Circle cardholders, and that relationship was recalled in and relevant to the communication. It therefore remained within the reserved services and the declaration granted by Weinberg J was correct.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' "The appellant pay the respondent's costs of the appeal, including any reserved costs."]