Sands v Channel Seven Adelaide Pty Limited & Anor [2011] HCATrans 20

The High Court of Australia, comprising Gummow, Crennan, and Kiefel JJ, considered an application for special leave to appeal in the matter of *Sands v Channel Seven Adelaide Pty Limited & Anor*. The dispute concerned an appeal from a decision of the Full Court of the Supreme Court of South Australia, which had dismissed the applicant's appeal against a judgment of Stanley J. The applicant sought to challenge the Supreme Court's determination regarding the admissibility of certain evidence.

The primary legal issue before the High Court was whether the Full Court of the Supreme Court of South Australia had erred in law by upholding the trial judge's decision to admit certain evidence, specifically a transcript of a television interview, despite objections raised by the applicant. This involved a consideration of the principles governing the admissibility of evidence, particularly in the context of potentially prejudicial material.

The High Court granted special leave to appeal. Their Honours indicated that the appeal would likely succeed on the basis that the Full Court had misapplied the principles relating to the admission of evidence, particularly concerning the potential for unfair prejudice arising from the admission of the television interview transcript. The Court noted that the transcript contained material that was not directly relevant to the issues in dispute and could have unfairly influenced the jury. The Court ultimately allowed the appeal, setting aside the orders of the Full Court and remitting the matter to the Full Court for re-hearing.