ATTORNEY GENERAL FOR THE STATE OF NEW SOUTH WALES v RADIO 2UE SYDNEY PTY LTD [1996] NSWCA 27

ATTORNEY GENERAL FOR THE STATE OF NEW SOUTH WALES v RADIO 2UE SYDNEY PTY LTD

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CLARKE and HANDLEY JJA 14 October 1996 [1996] NSWCA 27

EVIDENCE — subpoena seeking production of commercial documents — appeal court to decide only if material sought relates to matters capable of being relevant — ultimate decision on relevance for trial court

Clarke JA In the matter of the Attorney General of the State of New South Wales against Radio 2UE Sydney Pty Ltd and John Laws there are before the Court two notices of motion. One filed on behalf of Radio 2UE Sydney Pty Ltd and the other by Fordham Communications Pty Ltd seeking to have this Court review the decision of Registrar Jupp, made on 19 August 1996, dismissing the motions of the respective claimants in which each of the claimants sought an order that either part or the whole of a subpoena be set aside.

The principal proceedings are proceedings in contempt brought by the Attorney General against the two parties I mentioned, that is Radio 2UE Sydney Pty Ltd and John Laws, in respect of a segment of the John Law's radio programme which was broadcast at about 11.00am on 22 February 1996 concerning a person who need not be named.

At the time the segment was broadcast that person was on trial for murder. The trial shortly afterwards and, as I understand it, by reason of the segment, miscarried and the retrial is set down for April next year.

During preparation for the hearing the Attorney General issued subpoenas seeking production of a number of commercial documents relating to the John Law's radio programmes designed to establish, amongst other things, the extent of the reach of that programme and the influential nature of Mr Laws himself. The subpoenas were issued, according to counsel, to assist the claimant to establish the allegation contained in paral1A of the amended summons in which it was said that Mr Laws was an influential commentator on public affairs and community attitudes and was widely sought after for promoting products and services.