Mees v Roads Corporation [2003] FCA 306

FEDERAL COURT OF AUSTRALIA

Mees v Roads Corporation [2003] FCA 306 ENVIRONMENT LAW – environment protection – approval of proposals by Minister for the Environment – referral of proposals for approval – requirement for provision of information – information to be provided includes whether action is related to other actions or proposals in the region – statutory offences of recklessly or negligently providing false or misleading information – power to restrain by injunction offence or contravention of Act – referral of proposal to build freeway – failure to refer to further freeway link that would result in complete ring road – whether secret plan to construct further link – whether construction of proposed freeway would lead inevitably to construction of link – whether failure to inform Minister for the Environment of strong chance of construction of future link misleading – context of statements about absence of proposal for link – whether in context silence can be misleading PARLIAMENTARY PRIVILEGE – statements made to parliament – tender to court of Hansard records of statements – what constitutes breach of parliamentary privilege – application of State parliamentary privilege to Federal Court proceeding – whether court can receive evidence of statement – whether maker of statement can rely on its truth – whether other party can contest its truth – whether court can examine statement's clarity WORDS AND PHRASES – "actions or proposals" Bill of Rights 1689 1 Wm & M Sess 2 c 2, Art 9 Acts Interpretation Act 1901 (Cth) s 22(1)(a) Criminal Code Act 1995 (Cth) ss 5.4, 5.5, 12.3, 12.4, ch 2, Sch Environment Protection and Biodiversity Conservation Act 1999 (Cth) ss 4, 68, 72, 75, 475, 489(1), (2A), 523 Evidence Act 1995 (Cth) s 10(1) Judiciary Act 1903 (Cth) s 79 Parliamentary Privileges Act 1987 (Cth) s 16(3) Environment Protection and Biodiversity Conservation Regulations 2000 (Cth) items 4, 5, 6 Sch 2 Constitution Act 1975 (Vic) s 19(1) Environment Effects Act 1978 (Vic) s 9 Transport Act 1983 (Vic) ss 30, 31 R v Murphy (1986) 5 NSWLR 18 referred to Prebble v Television New Zealand Ltd [1995] 1 AC 321 followed Sankey v Whitlam (1978) 142 CLR 1 followed Hamsher v Swift (1992) 33 FCR 545 at 564 followed Pepper v Hart [1993] AC 593 discussed Comalco Ltd v Australian Broadcasting Corporation (1983) 78 FLR 449 followed Buchanan v Jennings [2002] 3 NZLR 145 followed R v Secretary of State for the Home Department; Ex parte Brind [1991] 1 AC 696 followed Amann Aviation Pty Ltd v Commonwealth of Australia (1988) 19 FCR 223 followed Hamilton v Al Fayed [2001] 1 AC 395 followed R v Secretary of State for Trade; Ex parte Anderson Strathclyde plc [1983] 2 All ER 233 discussed Church of Scientology of California v Johnson-Smith [1972] 1 QB 522 referred to Henjo Investments Pty Ltd v Collins Marrickville Pty Ltd (No 1) (1988) 39 FCR 546 discussed Demagogue Pty Ltd v Ramensky (1992) 39 FCR 31 applied Erskine May's Treatise on the Law, Privileges, Proceedings and Usage of Parliament 22nd ed. 1997 at pp. 68 – 81 referred to Campbell Parliamentary Privilege and Admissibility of Evidence (1999) 27 Federal Law Review 367 referred to PAUL ANDREW MEES v ROADS CORPORATION, PETER BATCHELOR AND STATE OF VICTORIA V 1135 of 2001 GRAY J 8 APRIL 2003 MELBOURNE