Australian Competition and Consumer Commission v Air New Zealand Limited (No 10) [2013] FCA 322

FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Air New Zealand Limited (No 10) [2013] FCA 322 Citation: Australian Competition and Consumer Commission v Air New Zealand Limited (No 10) [2013] FCA 322

Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v AIR NEW ZEALAND LIMITED (ARBN 000 312 685)

File number: NSD 534 of 2010

Parties: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v P. T. GARUDA INDONESIA (ARBN 000 861 165)

File number: NSD 955 of 2009

Judge: PERRAM J

Date of judgment: 11 April 2013

Catchwords: EVIDENCE – Re-examination – Proper scope of re-examination – Whether evidence not given in examination in chief can properly arise in re-examination – Particular facts of the representation made EVIDENCE – Exception to hearsay rule – Where maker of representation overseas – Whether reasonable efforts to secure witness had been made – Whether notice requirements in s 192(2) of the Evidence Act 1995 (Cth) complied with EVIDENCE – Discretion to exclude – Whether evidence unfairly prejudicial when hearsay adduced in re-examination – Whether such evidence should be the subject of a direction under s 135 or s 136 of the Evidence Act 1995 (Cth) EVIDENCE – Witnesses – Unfavourable witness – Evidence Act 1995 (Cth) s 38 – Whether a party should call a witness to disprove an unfavourable statement adduced by hearsay EVIDENCE – Discretion to exclude – Whether evidence unfairly prejudicial when maker of the representation is not available for cross-examination

Legislation: Evidence Act 1995 (Cth) ss 38, 60, 63, 67, 69, 135, 136, 192, Sch 1 Foreign Evidence Act 1994 (Cth) Evidence Regulations 1995 (Cth) reg 5 Federal Court Rules 2011 (Cth) r 30.29