Australian Competition and Consumer Commission v Air New Zealand Limited (No 5)

In the case of Australian Competition and Consumer Commission v Air New Zealand Limited (No 5), the Australian Competition and Consumer Commission sought to tender extracts from promotional magazines produced by Singapore Airlines and Cathay Pacific to prove the truth of the statements contained therein. The magazines were promotional journals that dealt with cargo and topics related to cargo. The court needed to decide if the magazines could be admitted as business records under section 69 of the Evidence Act 1995 (Cth). The court found that the magazines were promotional publications and not records of the businesses' activities. The court held that publications made for wider dissemination, for entertainment, for advertising or for public relations purposes could not be admitted as business records. The court rejected the argument that the magazines were business records because they were produced by the airlines for promotional purposes. The court held that the magazines were not records of the airlines' business activities, but rather the product of the business.

The court held that publications made for wider dissemination, for entertainment, for advertising or for public relations purposes are not business records. The court held that the magazines were not records of the airlines' business activities, but rather the product of the business. The court held that the magazines could not be admitted as business records. The court rejected the argument that the magazines were business records because they were produced by the airlines for promotional purposes. The court held that the magazines were not records of the airlines' business activities, but rather the product of the business. The court held that the magazines could not be admitted as business records.