Canwest Global Communications Corporation & Ors v Australian Broadcasting Authority [1997] FCA 1601

Canwest Global Communications Corporation & Ors v Australian Broadcasting Authority [1997] FCA 1601

The documents claimed for public interest immunity are of such peripheral relevance that non-disclosure will have no or virtually no impact on the present proceedings; the claim for public interest immunity is upheld.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
10 July 1997
Procedural Posture
Application / Interlocutory Hearing on Discovery and Public Interest Immunity
Outcome
Claim for public interest immunity upheld; disclosure not ordered.
Legal Topics
['public Interest Immunity' 'discovery of Documents' 'confidentiality of Informants']
['administrative Law' 'evidence'] ['public Interest Immunity' 'discovery of Documents' 'confidentiality of Informants']

Source-derived case record

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Procedural Posture

Application / Interlocutory Hearing on Discovery and Public Interest Immunity

Legal Issues

  1. 1 ['Whether public interest immunity attaches to documents supplied to the Australian Broadcasting Authority by an informant and should prevent their disclosure on discovery']

Ratio Decidendi

The documents claimed for public interest immunity are of such peripheral relevance that non-disclosure will have no or virtually no impact on the present proceedings; the claim for public interest immunity is upheld.

Court Disposition

Claim for public interest immunity upheld; disclosure not ordered.

Orders

  • ['The claim of the ABA to public interest immunity is upheld.' 'Documents not to be disclosed; to be held until proceedings conclude.' "Costs of each motion to be respondent's costs of proceedings."]