CIVIL AVIATION AUTHORITY v AUSTRALIAN BROADCASTING CORPORATION [NO 1] [1994] NSWCA 51

CIVIL AVIATION AUTHORITY v AUSTRALIAN BROADCASTING CORPORATION [NO 1] [1994] NSWCA 51

The affidavit and the annexed inspection notes are relevant to the opponent’s defence regarding the effect of the broadcast on witnesses or the administration of justice. Therefore, they should be admitted as evidence.

Parties
Claimant: Civil Aviation Authority; Opponent: Australian Broadcasting Corporation
Jurisdiction
Australia
Judgment Date
09 June 1994
Procedural Posture
Contempt of Court Prosecution / Interlocutory Ruling on Admissibility of Evidence
Outcome
Evidence admitted
Legal Topics
Admissibility of Evidence, Relevance, Contempt Involving Interference in Administration of Justice
Evidence Contempt of Court Admissibility of Evidence Relevance Contempt Involving Interference in Administration of Justice

Case Brief

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Parties

Civil Aviation Authority

Claimant

Australian Broadcasting Corporation

Opponent

Procedural Posture

Contempt of Court Prosecution / Interlocutory Ruling on Admissibility of Evidence

Legal Issues

  1. 1 Whether the affidavit of Mr Nigel Clarke and his contemporaneous notes are admissible as evidence in a contempt prosecution related to an alleged tendency of a broadcast to interfere with the administration of justice.

Ratio Decidendi

The affidavit and the annexed inspection notes are relevant to the opponent’s defence regarding the effect of the broadcast on witnesses or the administration of justice. Therefore, they should be admitted as evidence.

Court Disposition

Evidence admitted

Orders

  • Opponent permitted to read affidavit
  • Tender of notes of Mr Nigel Clarke admitted