Federal Court of Australia
JUDGMENT No. 435/86.
CATCHWORDS
Parliamentary Privilege - Right of free speech - Bill of Rights
1688, s.l, art. 9 - tender of Hansard seeking to impugn conduct
of Minister - Parliamentary Privileges Act 1987, s.16(3).
Evidence - Tender of newspaper report of proceedings in
Parliament — whether breach of Parliamentary privilege - whether
inadmissible as hearsay.
AMANN AVIATION PTY. LIMITED (Applicant) v. COMMONWEALTH OF
AUSTRALIA (ReSpondent) No. G667 of 1987
Beaumont J. Sydney 12 August 1988
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IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
No. G667 of 1987
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BETWEEN: AMANN AVIATION PTY, LIMITED Applicant AND: COMMONWEALTH OF AUSTRALIA
Respondent CORAM: BEAUMONT J PLACE: SYDNEY DATE: 12 AUGUST 1988
MINUTES OF ORDER :
THE COURT RULES that the tender of documents, M.F.I.
"27" be rejected.
"26" and
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IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G667 of 1987
ee ee
GENERAL DIVISION
BETWEEN: AMANN AVIATION PTY. LIMITED
Applicant AND: COMMONWEALTH OF AUSTRALIA
Respondent
CORAM: BEAUMONT J PLACE: SYDNEY DATE: 12 AUGUST 1988
REASONS FOR JUDGMENT (ON ADMISSIBILITY OF EXTRACT FROM HANSARD)
The applicant seeks to tender an extract from Hansard.
The respondent objects to the tender on the ground that it is
prohibited by s.16(3) of the Parliamentary Privileges Act 1987.
In order to understand the arguments advanced in support of, and in opposition to, the tender, some background matters should be mentioned. The applicant has sued the respondent for damages for breach of contract for the alleged uniawful termination of the "Coastwatch" contract. In its Defence, the respondent says that its termination was justified on several grounds. In its Reply, the applicant says that the respondent was not entitled to terminate because the respondent was not
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