RURAL GENERAL INSURANCE -v- AUSTRALIAN BROADCASTING CORPORATION [1995] NSWCA 401

RURAL GENERAL INSURANCE -y- AUSTRALIAN BROADCASTING CORPORATION

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

MAHONEY JA, CLARKE JA and MEAGHER JA 13 June 1995

[1995] NSWCA 401

Mahoney JA. The Court is of opinion that it is appropriate that the application for leave to appeal against the judgment of Bryson J of 8 June 1995 be brought before the Court on Monday next and if and insofar as it is necessary to do so the Court will grant shortening of time to allow the application for leave to appeal to be filed tomorrow. The application should be filed and served tomorrow returnable on Monday next.

I have indicated my view that if the decision is made to put this matter to air on Tuesday next the applicant should be notified as soon as possible of that decision. It would be unthinkable that the matter would be dealt with by way of a decision being made to bring the matter to air and the other party not be notified and therefore have no or little opportunity to apply for such order for stay as may be available to it.

Tf, in the meantime, between now and Monday a decision were made to put the matter to air then the applicant could make an application to the Court as a matter ofurgency for such injunction as it may desire. Whether it would obtain that relief is a matter for the Court then to decide.

I do not know the nature of the matter to be published or the basis of the present application and therefore can and will express no opinion in relation to the matter. But I merely indicate that, should the matter be intended to be brought to air, then the application can be made to the appropriate Judge as a matter of urgency.

In saying what I have said I do not indicate any view as to whether the matter should be brought to air or not. That is a matter which the Australian Broadcasting Corporation has to decide for itself in the light of the law and such advice as it may have.