Australian Competition and Consumer Commission v Channel Seven Brisbane Pty Ltd

HIGH COURT OF AUSTRALIAFRENCH CJGUMMOW, HAYNE, HEYDON AND KIEFEL JJAUSTRALIAN COMPETITION AND CONSUMER COMMISSION  APPELLANTANDCHANNEL SEVEN BRISBANE PTY LIMITED & ORS        RESPONDENTSAustralian Competition and Consumer Commission v Channel Seven Brisbane Pty Limited[2009] HCA 1930 April 2009S506/2008ORDER1.        Appeal allowed with costs.2.Set aside the orders made by the Full Court of the Federal Court on 23 June 2008 and in their place order that the appeal to that Court be dismissed with costs.On appeal from the Federal Court of AustraliaRepresentationS J Gageler SC, Solicitor-General of the Commonwealth of Australia with S T White SC and J S Gleeson for the appellant (instructed by Australian Government Solicitor)T E F Hughes QC with A S Bell SC and P Zappia for the respondents (instructed by Freehills)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSAustralian Competition and Consumer Commission v Channel Seven Brisbane Pty LimitedTrade 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...