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Australian Competition and Consumer Commission v Channel Seven Brisbane Pty Limited

[2009] HCA 19
Judgment date
Case number
S506/2008
Before
French CJ, Gummow, Hayne, Heydon, Kiefel JJ
Catchwords

Trade Practices – Consumer protection - Misleading or deceptive conduct - Where Trade Practices Act 1974 (Cth), s 65A provides exemption from liability in respect of prescribed publication of matter by prescribed information provider - Exception to exemption in respect of publication in connection with supply, possible supply or promotion of supply or use of goods or services - Application of exception where publication made pursuant to contract, arrangement or understanding with person who supplies goods or services "of that kind" - Meaning of phrase "of that kind" in context of provision - Whether exception applies only where contract, arrangement or understanding relates to specific representations made in publication of matter.

Statutory Interpretation – Use of demonstrative adjective "that" - Determining referent of phrase "of that kind" - Relevance of textual proximity or sequential order - Whether alternative paragraphs in sub-section to be read distributively or as single sentence - Relevance of statutory intention - Extent of assistance from extrinsic materials.

Words and phrases – "advertisement", "contract, arrangement or understanding", "goods or services of that kind".

Trade Practices Act 1974 (Cth) – ss 52, 65A.

Files
19.rtf (83.51 KB)
19.pdf (165.79 KB)