Application by: TCN Channel Nine Pty Limited in connection with a matter between: Anthony Carney v Denis Mathews and Construction, Forestry, Mining & Energy Union [1995] IRCA 662

Application by: TCN Channel Nine Pty Limited in connection with a matter between: Anthony Carney v Denis Mathews and Construction, Forestry, Mining & Energy Union [1995] IRCA 662

Leave to use the discovered documents was refused because TCN showed no special circumstance justifying release from the implied undertaking and no public-interest basis for use of the documents. The proposed use would not establish the alleged irregularities, would invade members' privacy, and would give the Court's imprimatur to misuse of documents obtained by Mr Carney only for the election inquiry. Delivery up and wiping orders were appropriate because TCN should not have had the material and the Court had no evidence justifying retention. Costs were ordered because TCN's application had no substantial prospect of success on the known facts and was instituted without reasonable cause...

Jurisdiction
Australia
Judgment Date
20 December 1995
Procedural Posture
Application for Leave to Use Documents Produced on Discovery in an Election Inquiry for Purposes of a Television Program / Reasons After Refusal of Notice of Motion, With Applications for Delivery Up of Documents and Costs
Outcome
Application for leave to use discovered documents refused; delivery up, wiping and costs orders made against TCN Channel Nine Pty Limited.
Legal Topics
['election Inquiry' 'use of Discovered Documents' 'implied Undertaking on Discovery' 'delivery Up of Documents' 'costs' 'media Use of Court Documents']
['industrial Law' 'practice and Procedure'] ['election Inquiry' 'use of Discovered Documents' 'implied Undertaking on Discovery' 'delivery Up of Documents' 'costs' 'media Use of Court Documents']

Case Brief

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Procedural Posture

Application for Leave to Use Documents Produced on Discovery in an Election Inquiry for Purposes of a Television Program / Reasons After Refusal of Notice of Motion, With Applications for Delivery Up of Documents and Costs

Legal Issues

  1. 1 ['Whether TCN Channel Nine Pty Limited should be granted leave to use documents produced on discovery in the election inquiry for the purposes of a television program' 'Whether TCN Channel Nine Pty Limited should be ordered to deliver discovered documents and copies to the Australian Electoral Commission and wipe videotape footage of such documents' 'Whether TCN Channel Nine Pty Limited should pay the costs of the Construction, Forestry, Mining and Energy Union and the Australian Electoral Commission']

Ratio Decidendi

Leave to use the discovered documents was refused because TCN showed no special circumstance justifying release from the implied undertaking and no public-interest basis for use of the documents. The proposed use would not establish the alleged irregularities, would invade members' privacy, and would give the Court's imprimatur to misuse of documents obtained by Mr Carney only for the election inquiry. Delivery up and wiping orders were appropriate because TCN should not have had the material and the Court had no evidence justifying retention. Costs were ordered because TCN's application had no substantial prospect of success on the known facts and was instituted without reasonable cause...

Court Disposition

Application for leave to use discovered documents refused; delivery up, wiping and costs orders made against TCN Channel Nine Pty Limited.

Orders

  • ['The orders sought by the Notice of Motion of TCN Channel Nine Pty Limited filed on 7 November 1995 be refused.' 'Within seven days, TCN Channel Nine Pty Limited deliver to the Australian Electoral Commission all documents in its possession, or the possession of any of its servants or agents, that were delivered to...