Bond v Barry

Case

[2007] FCA 2034

18 December 2007


Details
AGLC Case Decision Date
Bond v Barry [2007] FCA 2034 [2007] FCA 2034 18 December 2007

CaseChat Overview and Summary

The applicants, Alan Bond and Lesotho Diamond Corporation Plc, sought leave to appeal from an interlocutory judgment of French J delivered on 21 September 2007. The applicants sought to challenge the construction of s 65A of the Trade Practices Act 1974 (Cth), which provides a safe harbour for media entities. The applicants alleged that an article published by Nationwide News Pty Ltd and News Digital Media Pty Ltd, and written by Paul Barry, contained misleading and deceptive conduct. The defendants claimed protection under s 65A of the Trade Practices Act 1974 (Cth), which provides a safe harbour for media entities. The legal issues before the court were whether the proceedings had a reasonable prospect of success, and whether the defendants were protected by the media safe harbour. The court found that the defendants were protected by the media safe harbour and that the applicants' proceedings had no reasonable prospect of success. The court held that the media safe harbour applied to the defendants, and that the applicants' claims were therefore barred. The court dismissed the application with costs.

The court found that the defendants were protected by the media safe harbour, and that the applicants' claims were therefore barred. The court held that the media safe harbour applied to the defendants, and that the applicants' claims were therefore barred. The court dismissed the application with costs. The court held that the media safe harbour applied to the defendants, and that the applicants' claims were therefore barred. The court dismissed the application with costs. The court held that the media safe harbour applied to the defendants, and that the applicants' claims were therefore barred.
Details

Areas of Law

  • Commercial Law

  • Media & Entertainment Law

Legal Concepts

  • Misleading or Deceptive Conduct

  • Judicial Review

  • Media Safe Harbour

  • Limitation Periods

  • Admissibility of Evidence

  • Res Judicata

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

34

Bond v Barry [2008] FCAFC 115
Cases Cited

5

Statutory Material Cited

0

Yap v Granich & Associates [2001] FCA 1735
Dunstan v Orr [2007] FCA 873