Channel Seven Perth Pty Ltd v S (A Company)

Channel Seven Perth Pty Ltd (the applicant) sought special leave to appeal to the High Court of Australia from a decision of the Full Court of the Supreme Court of Western Australia. The dispute concerned the applicant's alleged contravention of s 18 of the Australian Consumer Law (ACL), which prohibits misleading or deceptive conduct in trade or commerce. The applicant had broadcast a television segment that included a report on the alleged misconduct of a company, referred to as 'S' (the respondent), which was involved in the business of providing services to individuals with disabilities. The respondent alleged that the broadcast was misleading and deceptive, causing damage to its reputation and business.

The High Court was required to determine whether the Full Court of the Supreme Court of Western Australia had erred in finding that the television segment broadcast by Channel Seven Perth Pty Ltd was likely to mislead or deceive the public, thereby contravening section 18 of the Australian Consumer Law. Specifically, the court considered whether the findings of fact made by the primary judge, and upheld by the Full Court, regarding the tendency of the broadcast to mislead were open to review on an application for special leave to appeal.

The High Court, in dismissing the application for special leave, indicated that the Full Court had correctly applied the established legal principles for assessing misleading or deceptive conduct under the ACL. The court reiterated that the test for misleading or deceptive conduct is objective, focusing on whether the conduct, viewed as a whole, has the capacity to lead into error a significant number of ordinary members of the relevant audience. The High Court found no arguable error in the Full Court's conclusion that the broadcast, by presenting allegations of misconduct without adequate qualification or balance, was likely to mislead the public about the respondent's business practices.

Special leave to appeal was refused.