CIVIL AVIATION AUTHORITY v AUSTRALIAN BROADCASTING CORPORATION [NO 1] [1994] NSWCA 51

CIVIL AVIATION AUTHORITY v AUSTRALIAN BROADCASTING CORPORATION [No 1]

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KirBY P, HANDLEY and SHELLER JJA 9 June 1994, 9 June 1994 [1994] NSWCA 51

EVIDENCE — admissibility — relevance — contempt hearing — alleged tendency of broadcast to interfere in administration of justice — alleged pre judgment of Coroner's finding as to plane crash — tender of crash _ investigator's contemporaneous notes — objection to tender — held: Evidence admissible.

ORDERS 1. Opponent permitted to read affidavit; and 2. Tender of notes of Mr Nigel Clarke admitted.

Kirby P Before the Court is a prosecution of the Australian Broadcasting Corporation (the opponent) for contempt of court. The prosecution has been brought, by summons, by the Civil Aviation Authority (the claimant). The Court is now hearing the trial of the prosecution. The question which now arises for decision concerns in the tender of certain evidence.

Evidence has been tendered in the form of an affidavit of Mr Nigel Clarke sworn 27 May 1994, which the opponent seeks to read. Mr Clarke will be a witness before the Coroner in an inquest to investigate the same plane accident (and the deaths thereby occasioned) as was the subject of the opponent's broadcast. Mr Clarke's evidence is relevant to the circumstances of the crash. He is a maintenance engineer. Prior to the crash, he conducted an inspection of the subject aircraft. When he did so, he made notes of his inspection. Those notes are annexed as Exhibit A to Mr Clarke's affidavit. The opponent now seeks to place them before the Court. Objection is taken to the reading of the affidavit and tender of the notes. The objection is based upon the ground that they are not relevant to the proceedings before the Court or any matter which may arise in the proceedings before the Court.