RURAL GENERAL INSURANCE -v- AUSTRALIAN BROADCASTING CORPORATION [1995] NSWCA 401
NSW Caselaw
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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.
The Court will reserve to the Court dealing with the matter the costs of today's
application.
Orders accordingly.