GRIFFITH & ORS v AUSTRALIAN BROADCASTING CORPORATION & ANOR [2003] NSWSC 483

GRIFFITH & ORS v AUSTRALIAN BROADCASTING CORPORATION & ANOR [2003] NSWSC 483

The transcript of the 'Four Corners' program is not admissible because, with publication admitted and audio discs tendered, the transcript is not relevant to any fact in issue as required by ss55 and 56 of the Evidence Act. Even if relevant, discretion under s135 would be exercised to exclude it due to risk of augmenting artificiality and distracting the jury from determining the impression of the broadcast itself.

Parties
First Plaintiff: Jeremy Norman Griffith; Second Plaintiff: Foundation for Humanity's Adulthood (ACN 003 930 023); Third Plaintiff: Timothy John Macartney-Snape; Fourth Plaintiff: Samuel Charles Belfield; Fifth Plaintiff: John Cameron Biggs; Seventh Plaintiff: Susan Jane Armstrong; Eighth Plaintiff: Bronwyn Glenis Fitzgerald; Ninth Plaintiff: Heulwen Mary Jones; Tenth Plaintiff: Stacy Anne Rodger; First Defendant: Australian Broadcasting Corporation; Second Defendant: David Millikan
Jurisdiction
Australia
Judgment Date
27 May 2003
Procedural Posture
Civil / Interlocutory (evidentiary Ruling)
Outcome
Tender of transcript rejected.
Legal Topics
Admissibility of Evidence, Relevance of Evidence, Exclusion of Evidence, Use of Transcripts in Jury Trials, Proof of Publication
Evidence Defamation Admissibility of Evidence Relevance of Evidence Exclusion of Evidence Use of Transcripts in Jury Trials Proof of Publication

Case Brief

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Parties

Jeremy Norman Griffith

First Plaintiff

Foundation for Humanity's Adulthood (ACN 003 930 023)

Second Plaintiff

Timothy John Macartney-Snape

Third Plaintiff

Samuel Charles Belfield

Fourth Plaintiff

John Cameron Biggs

Fifth Plaintiff

Susan Jane Armstrong

Seventh Plaintiff

Bronwyn Glenis Fitzgerald

Eighth Plaintiff

Heulwen Mary Jones

Ninth Plaintiff

Stacy Anne Rodger

Tenth Plaintiff

Australian Broadcasting Corporation

First Defendant

David Millikan

Second Defendant

Procedural Posture

Civil / Interlocutory (evidentiary Ruling)

Legal Issues

  1. 1 Whether a transcript of a broadcast ('Four Corners' program) is admissible in evidence when publication is admitted and audio recordings are to be tendered; particularly under Evidence Act ss48(1)(c), 55, 56 and 135.

Ratio Decidendi

The transcript of the 'Four Corners' program is not admissible because, with publication admitted and audio discs tendered, the transcript is not relevant to any fact in issue as required by ss55 and 56 of the Evidence Act. Even if relevant, discretion under s135 would be exercised to exclude it due to risk of augmenting artificiality and distracting the jury from determining the impression of the broadcast itself.

Court Disposition

Tender of transcript rejected.

Orders

  • Transcript of 'Four Corners' program marked MFI 1 (not admitted).