Western Television Ltd v Australian Broadcasting Tribunal & Anor [1986] FCA 403

Western Television Ltd v Australian Broadcasting Tribunal & Anor [1986] FCA 403

The balance of convenience and the public interest justified changing the venue of the proceeding to Perth, as the licence and relevant events were based in Western Australia, with all substantive hearings and prior applications occurring there, and holding the hearing in Sydney would entail significantly greater expense.

Parties
Applicant: Western Television Limited; First Respondent: Australian Broadcasting Tribunal; Second Respondent: West Coast Telecasters Ltd
Jurisdiction
Australia
Judgment Date
09 September 1986
Procedural Posture
Application for Judicial Review of Administrative Decision / Interlocutory Application for Change of Venue
Outcome
Application for change of venue granted; proceeding to be conducted or continued at Perth; costs of the motion to be costs in the cause.
Legal Topics
Change of Venue, Convenience and Public Interest in Forum Determination, Judicial Review of Tribunal Decision
Administrative Law Civil Procedure Change of Venue Convenience and Public Interest in Forum Determination Judicial Review of Tribunal Decision

Case Brief

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Parties

Western Television Limited

Applicant

Australian Broadcasting Tribunal

First Respondent

West Coast Telecasters Ltd

Second Respondent

Procedural Posture

Application for Judicial Review of Administrative Decision / Interlocutory Application for Change of Venue

Legal Issues

  1. 1 Whether the proceeding should be conducted or continued at Perth rather than Sydney
  2. 2 Balance of convenience and public interest regarding venue for judicial review

Ratio Decidendi

The balance of convenience and the public interest justified changing the venue of the proceeding to Perth, as the licence and relevant events were based in Western Australia, with all substantive hearings and prior applications occurring there, and holding the hearing in Sydney would entail significantly greater expense.

Court Disposition

Application for change of venue granted; proceeding to be conducted or continued at Perth; costs of the motion to be costs in the cause.

Orders

  • The proceeding herein be conducted or continued at Perth.
  • Costs of the motion dated 3 September 1986 and filed on 4 September 1986 are to be costs in the cause.