Australian Competition and Consumer Commission v Air New Zealand Limited (ARBN 000 312 685) (No. 7) [2013] FCA 83

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Air New Zealand Limited (ARBN 000 312 685) (No. 7) [2013] FCA 83 Citation: Australian Competition and Consumer Commission v Air New Zealand Limited (ARBN 000 312 685) (No. 7) [2013] FCA 83

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 number(s): NSD 534 of 2010 NSD 955 of 2009

Judge: PERRAM J

Date of judgment: 18 February 2013

Catchwords: EVIDENCE – business records exception to hearsay rule – application of rule to documents created in contemplation of proceedings – Evidence Act 1995 (Cth) s 69(3) - investigation by European Commission – relationship between Commonwealth and ACCC for the purpose of determining parties to proceedings EVIDENCE – discretion to exclude – inability to cross examine author of business record

Legislation: Auditor-General Act 1997 (Cth) Australian Securities and Investments Commission Act 2001 (Cth) s 8 Competition and Consumer Act 2010 (Cth) Pt IV, ss 6A, 7(2), 27, 29 Evidence Act 1995 (Cth) ss 69, 69(3), 135, 135(a) Financial Management and Accountability Act 1997 (Cth) Financial Management and Accountability Regulations 1997 (Cth) Sch 1 Judiciary Act 1903 (Cth) s 39B Public Service Act 1999 (Cth)