ATTORNEY-GENERAL FOR THE STATE OF NEW SOUTH WALES v RADIO 2UE SYDNEY PTY LTD [1997] NSWCA 29

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

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

PRIESTLEY JA, MEAGHER JA and POWELL JA 3 October 1997

[1997] NSWCA 29

Priestley JA. The proceedings before the court are contempt proceedings brought by the Attorney-General for the State of New South Wales against Radio 2UE Sydney Pty Ltd & Mr John Laws.

Before they got under way today a motion was made to the court on behalf of the opponents seeking an order that the proceedings be permanently stayed or, alternatively, dismissed on the ground that there is a reasonable apprehension or suspicion that the court has pre-judged or might pre-judge the case against them.

In my view, this submission takes optimism either to or close to the level of frivolity. I will not dignify it by repeating it now. Its written form will remain with the court's records.

In dealing with it, I will say no more than that it cannot succeed unless what is stated in paragraph 7 of the written submissions were accepted by the court. The central proposition in this paragraph is not right and should be recognisable to any lawyer as not right.

Among the many reasons for saying this is that it negates the entire system under which this State's Court of Appeal operates. I will not detail the other reasons because of the opinion I have already expressed about the lack of merit of this application.

In my view, the application should be dismissed with costs.

Meagher JA. I agree. Powell JA. I also agree. Priestley JA. The order of the court is that the application is dismissed with

costs.

Orders accordingly.