Australian Competition and Consumer Commission v Air New Zealand Limited (No 10)

The Australian Competition and Consumer Commission (ACCC) brought proceedings against Air New Zealand Limited and Garuda Indonesia in the Federal Court of Australia. The case involved allegations related to fuel surcharges imposed by the airlines between 2000 and 2006. The primary legal issues centered around the admissibility of certain evidence, including whether it could be properly introduced during re-examination, whether affidavits from overseas witnesses could be admitted, and whether certain evidence should be excluded or restricted due to potential unfairness. The court found that the re-examination question was legitimate, and the witness's answer was responsive. The affidavits from overseas witnesses were deemed admissible as Air New Zealand had made reasonable efforts to secure their attendance. However, certain oral testimony and affidavit statements were limited to proving the occurrence of third-party representations rather than the truth of the statements. Additionally, the court decided that some evidence should be restricted from being used for hearsay purposes due to the unavailability of the makers for cross-examination.