ACCC v Australian Safeway Stores Pty Ltd [1999] FCA 1269

ACCC v Australian Safeway Stores Pty Ltd [1999] FCA 1269

The Tip Top invoices are admissible in evidence as their probative value in establishing the nature and implementation of Safeway's bread policy is not substantially outweighed by the danger of unfair prejudice to the respondents under s 135 Evidence Act 1995 (Cth).

Jurisdiction
Australia
Judgment Date
14 September 1999
Procedural Posture
Civil / Interlocutory Ruling on Admissibility of Evidence
Outcome
Evidence admitted
Legal Topics
['admissibility of Evidence' 'unfair Prejudice' 'relevance' 'discretion Under S 135' 'policy Implementation Evidence']
['evidence Law' 'competition Law'] ['admissibility of Evidence' 'unfair Prejudice' 'relevance' 'discretion Under S 135' 'policy Implementation Evidence']

Case Brief

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Procedural Posture

Civil / Interlocutory Ruling on Admissibility of Evidence

Legal Issues

  1. 1 ['Whether Tip Top invoices should be admitted into evidence under s 135 Evidence Act 1995 (Cth)' 'Whether probative value is substantially outweighed by unfair prejudice' 'Relevance of evidence to pleaded issues and policy implementation']

Ratio Decidendi

The Tip Top invoices are admissible in evidence as their probative value in establishing the nature and implementation of Safeway's bread policy is not substantially outweighed by the danger of unfair prejudice to the respondents under s 135 Evidence Act 1995 (Cth).

Court Disposition

Evidence admitted

Orders

  • ['Tip Top invoices marked Exhibit A82 and admitted into evidence']