CIVIL AVIATION AUTHORITY v AUSTRALIAN BROADCASTING COMMISSION [1994] NSWCA 50

CIVIL AVIATION AUTHORITY v AUSTRALIAN BROADCASTING COMMISSION

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CLARKE JA 7 June 1994, 7 June 1994 [1994] NSWCA 50

Access to subpoenaed documents — Public interest immunity

Clarke JA On 11 June 1993 Piper PA-350 Chiefton VHNDU crashed in the vicinityof Young Airport and a number of people were killed. As a result a number of investigations were put in hand and of course it became necessary for a coronial inquest to be held.

At a mention before the Coroner on 15 December 1993 the inquest was fixed for hearing on 1 August 1994. Shortly after 9.00 am on 3 April 1994 the opponent broadcast over Radio National programme which consisted in the main of interviews between a reporter and various persons who claimed to have something to say about the aeroplane crash. Shortly after 7.15 pm on 5 April 1994 in the evening edition of Radio National, the opponent broadcast interviews which, so far as I have been able to tell, were substantially identical with the interviews broadcast earlier. There may be some differences but I do not think anything turns on the question of whether there were differences or not.

The claimant which is an independent statutory authority filed a summons in this court on 15 April 1994 seeking orders, inter alia, that the opponent be found guilty of contempt of court for broadcasting material which had a tendency to interfere with the administration of justice in the State of New South Wales in connection with the coronial inquest identified in the statement of charge. The material in respect of which the complaint was made is the material contained in the two broadcasts I have identified.

The contempt proceedings have been listed for hearing on Thursday 9 June 1994. The opponent in preparing for its case issued a subpoena directed to Mr Barry Sergeant, District Manager of the Bureau of Air Safety Investigation pursuant to leave granted on 17 May 1994. In that subpoena the production of a number of documents was sought.