News Ltd v Australian Rugby Football League Ltd & Ors [1995] FCA 1060

News Ltd v Australian Rugby Football League Ltd & Ors [1995] FCA 1060

The statements were rejected because they were sought to be introduced after many witnesses had already been examined and much of the hearing had passed; admitting them would risk expanding the issues too late, make the hearing more complex, and prejudice the opposing parties' ability to deal with the case properly.

Jurisdiction
Australia
Judgment Date
28 November 1995
Procedural Posture
Evidence Ruling / During Hearing on Tender of Statements
Outcome
Tender of statements rejected.
Legal Topics
['admissibility of Evidence' 'judicial Notice' 'late Tender of Evidence' 'natural Justice']
['evidence' 'civil Procedure'] ['admissibility of Evidence' 'judicial Notice' 'late Tender of Evidence' 'natural Justice']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Evidence Ruling / During Hearing on Tender of Statements

Legal Issues

  1. 1 ['Whether two statements of Mr J E Pollard should be admitted as evidence at the stage of the hearing at which they were sought to be tendered.' 'Whether the general proposition about breakaway sporting codes should instead be dealt with, if at all, by reference to judicial notice and standard historical sources.']

Ratio Decidendi

The statements were rejected because they were sought to be introduced after many witnesses had already been examined and much of the hearing had passed; admitting them would risk expanding the issues too late, make the hearing more complex, and prejudice the opposing parties' ability to deal with the case properly.

Court Disposition

Tender of statements rejected.

Orders

  • ['The statements sought to be introduced are rejected.']