Bond & Ors v Australian Broadcasting Tribunal

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IN THE HIGH COURT OF AUSTRALIA
Office or--the Registry
Sydney No Sl02 of 1988

B e t w e e n -

ALAN BOND

First Applicant

BOND MEDIA LIMITED

Second Applicant

BOND CORPORATION HOLDINGS LIMITED

Third Applicant

QUEENSLAND TELEVISION LIMITED

Fourth Applicant

CONSOLIDATED BROADCASTING SYSTEM

(WA) PTY LIMITED

Fifth Applicant

NORTHWEST RADIO PTY LIMITED

Sixth Applicant

DARWIN BROADCASTERS PTY LIMITED

Seventh Applicant

Bond(2)

and

AUSTRALIAN BROADCASTING TRIBUNAL

Respondent

WILSON J

BRENNAN J

DAWSON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 6 OCTOBER 1988, AT 2.02 PM

Copyright in the High Court of Australia

ClT29/1/VH 1 6/10/88
MR A.B. SHAND, QC:  May it please the Court, I appear with my

learned friend, MR D.K. CATTERNS, for the applicants.

(instructed by Blake Dawson Waldron)

MR P. ROBERTS:  If Your Honours please, I appear with my learned

friend, MR L.S. KATZ, for the respondent. (instructed

by Australian Government Solicitor)

WILSON J:  Mr Shand?
MR SHAND:  Your Honours the application is brought supported by

the affidavit of Mr C.J. Conolly, which appears at

page 137 of the appeal papers.

WILSON J: Yes, we have had an opportunity of reading the

papers, I think, Mr Shand.

MR SHAND:  If Your Honour pleases. May I inquire, Your Honour,

whether, in fact, the Court has received and has had

the opportunity of addressing attention to the

supplementary affidavit of Mr Conolly also?

WILSON J: Yes, we have had.

MR SHAND:  There is only one additional matter of material that

I should draw attention to, Your Honours, and that is

this: reference is made in the papers to the

applications made by these applicants to obtain

particulars of matters involved in the inquiry which

gives rise to the proceedings before the - that is,
the inquiry by the Broadcasting Tribunal. In due
course, after the judgments were delivered by the

Full Court of the Federal Court, from which this

application emanates, Mr Justice Wilcox of the

Federal Court heard argument upon the subject of particulars and delivered judgment in respect of

that matter as recently as this morning.

For completeness, at least, Your Honours, we

would seek to hand up facsimile copies of the judgment

delivered only this morning.

BRENNAN J:  Does it say anything of relevance to the present

application, Mr Shand?

MR SHAND:  At least this, Your Honour, that His Honour's views

as to the entitlement to particulars, or perhaps I
should say, the disentitlement to particulars -

that was the thrust of the judgment - were expressed

as potentially variable according to whatever view

might be expressed by this Court.

ClT29/2/VH 2 6/10/88
Bond(2)
MR SHAND (continuing):  So that it was with full awareness,

of course, of the decision of the Full Court but
with an eye to the possibility that his reasoning
may be inappropriate should this Court grant leave
to appeal and express different views of the matters

involved to the Full Federal Court.

WILSON J:  So as one might expect, His Honour has proceeded

on the basis of the judgment of…

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Details
Case
[1988] HCATrans 225
Decision Date

CaseChat Overview and Summary

Bond Corporation Holdings Limited and other related companies (the applicants) sought leave to appeal to the High Court of Australia from a decision of the Full Court of the Federal Court of Australia. The dispute concerned an inquiry conducted by the Australian Broadcasting Tribunal (the respondent) into the television licences held by the applicants. The applicants had sought particulars of the matters involved in the Tribunal's inquiry, and a judgment on this issue had recently been delivered by Wilcox J of the Federal Court.

The primary legal issue before the High Court was whether the applicants were entitled to obtain particulars of the matters under consideration by the Australian Broadcasting Tribunal during its inquiry. This entitlement was to be assessed in light of section 17C of the Broadcasting Act, which governs the conduct of "Ordinary Inquiries" by the Tribunal when the exercise of its substantive powers is contemplated. The applicants argued that their television licences were at stake, indicating that the Tribunal's substantive powers were indeed in contemplation.

The applicants sought to hand up a supplementary affidavit and a facsimile copy of the judgment delivered by Wilcox J that morning. They explained that Wilcox J's views on the entitlement to particulars were potentially variable depending on the outcome of the present application for leave to appeal to the High Court. The applicants' counsel indicated that they would not dwell at length on this supplementary material but offered it for the Court's consideration, particularly regarding the remarks made by Wilcox J concerning the entitlement, or disentitlement, to particulars.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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