FEDERAL COURT OF AUSTRALIA
Telstra Corporation Ltd v Seven Cable Television Pty Ltd [2000] FCA 1160
TELSTRA CORPORATION LIMITED, TELSTRA MULTIMEDIA PTY LIMITED AND TELSTRA MEDIA PTY LIMITED v SEVEN CABLE TELEVISION PTY LIMITED, TELEVISION AND RADIO BROADCASTING SERVICES AUSTRALIA PTY LIMITED, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, FOXTEL MANAGEMENT PTY LIMITED, SKY CABLE PTY LIMITED, THE NEWS CORPORATION LIMITED AND NEWS LIMITED
N 508 OF 2000
FOXTEL MANAGEMENT PTY LIMITED, SKY CABLE PTY LIMITED, THE NEWS CORPORATION LIMITED AND NEWS LIMITED v SEVEN CABLE TELEVISION PTY LIMITED TELEVISION AND RADIO BROADCASTING SERVICES AUSTRALIA PTY LIMITED, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, TELSTRA CORPORATION LIMITED, TELSTRA MULTIMEDIA PTY LIMITED AND TELSTRA MEDIA PTY LIMITED
N 529 OF 2000
BEAUMONT, MOORE & GYLES JJ
18 AUGUST 2000
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
N 508 of 2000 |
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BETWEEN: |
TELSTRA CORPORATION LIMITED First Appellant/First Cross-Respondent
TELSTRA MULTIMEDIA PTY LIMITED Second Appellant/Second Cross-Respondent
TELSTRA MEDIA PTY LIMITED Third Appellant/Third Cross-Respondent
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AND: |
SEVEN CABLE TELEVISION PTY LIMITED First Respondent/Fourth Cross-Respondent
TELEVISION AND RADIO BROADCASTING SERVICES AUSTRALIA PTY LIMITED Second Respondent/Fifth Cross-Respondent
AUSTRALIAN COMPETITION AND CONSUMER COMMISSION Third Respondent/Cross-Appellant
FOXTEL MANAGEMENT PTY LIMITED Fourth Respondent/Sixth Cross-Respondent
SKY CABLE PTY LIMITED Fifth Respondent/Seventh Cross-Respondent
THE NEWS CORPORATION LIMITED Sixth Respondent/Eighth Cross-Respondent
NEWS LIMITED Seventh Respondent/Ninth Cross-Respondent
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
N 529 of 2000 |
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BETWEEN: |
FOXTEL MANAGEMENT PTY LIMITED First Appellant/First Cross-Respondent
SKY CABLE PTY LIMITED Second Appellant/Second Cross-Respondent
THE NEWS CORPORATION LIMITED Third Appellant/Third Cross-Respondent
NEWS LIMITED Fourth Appellant/Fourth Cross-Respondent
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AND: |
SEVEN CABLE TELEVISION PTY LIMITED First Respondent/Fifth Cross-Respondent
TELEVISION AND RADIO BROADCASTING SERVICES AUSTRALIA PTY LIMITED Second Respondent/Sixth Cross-Respondent
AUSTRALIAN COMPETITION AND CONSUMER COMMISSION Third Respondent/Cross-Appellant
TELSTRA CORPORATION LIMITED Fourth Respondent/Seventh Cross-Respondent
TELSTRA MULTIMEDIA PTY LIMITED Fifth Respondent/Eighth Cross-Respondent
TELSTRA MEDIA PTY LIMITED Sixth Respondent/Ninth Cross-Respondent
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JUDGES: |
BEAUMONT, MOORE & GYLES JJ |
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DATE OF ORDER: |
18 AUGUST 2000 |
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WHERE MADE: |
SYDNEY |
CORRIGENDUM
By consent, order 2(a) of the Court made on 18 August 2000 was amended on 8 September 2000 to read as follows:
2. In each of the appeals N 508 of 2000 and N 529 of 2000:-
(a) The appeal is allowed in part. It is ordered that orders 1 and 3 made at first instance on 8 May 2000 be set aside; and that, in lieu thereof, it be declared that that part of the Deeming Statement dated 30 June 1997 entitled “Deeming of Telecommunications Services: A statement pursuant to section 39 of the Telecommunications (Transitional Provisions and Consequential Amendments) Act 1997” relating to item (xi) Broadcasting access service and Attachment B thereof, is void; and that there be no order for the costs of proceedings N 1095 of 1999 – at first instance. The appeal is otherwise dismissed with no orders as to the costs of the appeal.
Associate:
Date: 12 September 2000
