TVW Enterprises Ltd v. Australian Broadcasting Tribunal & Anor [1985] FCA 23

TVW Enterprises Ltd v. Australian Broadcasting Tribunal & Anor [1985] FCA 23

On proper construction, the licence application was made by Mr. Pye as chairman of a group of interested persons (the sponsors) proposing a company to be formed (Perth Television Limited) as licensee; there is nothing in the Broadcasting and Television Act 1942 preventing such an application, and on incorporation Perth Television Limited was validly a person directly concerned in the proceedings.

Parties
Applicant: TVW Enterprises Limited; First Respondent: Australian Broadcasting Tribunal; Second Respondent: Perth Television Limited
Jurisdiction
Australia
Judgment Date
08 February 1985
Procedural Posture
Judicial Review / Final Judgment
Outcome
application dismissed
Legal Topics
Judicial Review, Standing, Licensing, Broadcasting, Pre Incorporation Application
Administrative Law Judicial Review Standing Licensing Broadcasting Pre Incorporation Application

Case Brief

Summary, issues, holding and outcome

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Parties

TVW Enterprises Limited

Applicant

Australian Broadcasting Tribunal

First Respondent

Perth Television Limited

Second Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether Perth Television Limited was 'a person directly concerned' in proceedings before the Tribunal under s.22 of the Broadcasting and Television Act 1942
  2. 2 Whether the Tribunal erred in law by treating Perth Television Limited as directly concerned and thus a party to proceedings
  3. 3 Whether an application for a licence made before incorporation was valid under s.82 of the Act

Ratio Decidendi

On proper construction, the licence application was made by Mr. Pye as chairman of a group of interested persons (the sponsors) proposing a company to be formed (Perth Television Limited) as licensee; there is nothing in the Broadcasting and Television Act 1942 preventing such an application, and on incorporation Perth Television Limited was validly a person directly concerned in the proceedings.

Court Disposition

application dismissed

Orders

  • The application is dismissed.
  • The parties have liberty to apply as to the costs of the application.