Australian Competition and Consumer Commission v Air New Zealand Limited (No 1) [2012] FCA 1355

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Air New Zealand Limited (No 1) [2012] FCA 1355 Citation: Australian Competition and Consumer Commission v Air New Zealand Limited (No 1) [2012] FCA 1355

Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v AIR NEW ZEALAND LIMITED (ARBN 000 312 685) AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v P.T. GARUDA INDONESIA LTD (ARBN 000 861 165)

File numbers: NSD 534 of 2010 NSD 955 of 2009

Judge: PERRAM J

Date of judgment: 30 November 2012

Catchwords: EVIDENCE – Admissibility – relevance – whether documents relevant to case as pleaded EVIDENCE – Admissibility – relevance – whether documents concerning alleged conspirators not at trial are relevant to the allegations made against those who are – whether use of such documents is coincidence reasoning – discussion of the matters that such documents might be used to prove EVIDENCE – Admissibility – business records – whether minutes of meetings of an organisation that represents businesses are business records of the businesses or, alternatively, the organisation – whether representations made therein are made 'in the course of, or for the purposes of, the business' of each member business or, alternatively, of the organisation – whether document must belong to the entity to whose business the document relates – whether minutes discovered on the computer networks of a business are 'belonging to or kept by' the business EVIDENCE – Admissibility – business records – whether statements of opinion in business records are admissible EVIDENCE – Admissibility – relevance – authenticity – whether document's authenticity must be proved for the document to be admissible – whether inferences as to authenticity may be drawn from the document itself – whether National Australia Bank v Rusu (1999) 47 NSWLR 309 should be followed EVIDENCE – Admissibility – business records – whether representation made 'on the basis of information directly or indirectly supplied by a person who had or might reasonably be supposed to have had personal knowledge of the asserted fact'