Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition and Consumer Commission v Air New Zealand Limited (No 2) [2012] FCA 1363 Citation: Australian Competition and Consumer Commission v Air New Zealand Limited (No 2) [2012] FCA 1363
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 evidence of matters that pre-date and post-date the matters pleaded are nonetheless relevant to proving pleaded matters – whether evidence of matters that occurred in markets other than the markets pleaded are nonetheless relevant to proving the matters pleaded EVIDENCE – Admissibility – hearsay – whether perceptions of perceptions are admissible – whether question arises EVIDENCE – Admissibility – hearsay – whether documents relevant for a non-hearsay purpose EVIDENCE – Admissibility – relevance – documents of uncertain status – whether relevant EVIDENCE – Admissibility – draft and non-final documents – whether admissible
Legislation: Evidence Act 1995 (Cth) ss 55, 57, 69, 136
Cases cited: Australian Competition and Consumer Commission v Air New Zealand Limited (No 1) [2012] FCA 1355 applied Arnotts Ltd v Trade Practices Commission (1990) 24 FCR 313 followed
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