FEDERAL COURT OF AUSTRALIA
Seven Network Limited v News Limited (No 8)
[2005] FCA 1348EVIDENCE – opinion evidence admissible to prove the truth of the opinion – whether Court should exercise discretion to limit use of evidence – unfair prejudice – procedural unfairness – evidence admitted for limited purpose of proving belief or intention – Evidence Act 1995 (Cth) ss 77, 136
Trade Practices Act 1974 (Cth)
Evidence Act 1995 (Cth) ss 60, 77, 78, 79, 136Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705
Sydneywide Distributors Pty Ltd v Red Bull Australia Pty Ltd [2002] FCAFC 157
Commonwealth of Australia v McLean (1996) 41 NSWLR 389
Roach v Page (No 11) [2003] NSWSC 907
Guide Dog Owners’ & Friends’ Association Inc v Guide Dog Association of New South Wales and ACT (1998) 154 ALR 527
Papakosmas v The Queen (1999) 196 CLR 297
Gordon (Bankrupt), Official Trustee in Bankruptcy v Pike (No 1) (FCA unreported, 1 September 1995)
Ringrow Pty Ltd v BP Australia Ltd [2003] FCA 933
Quick v Stoland Pty Ltd (1998) 87 FCR 371SEVEN NETWORK LIMITED and ANOR v NEWS LIMITED and ORS
NSD 1223 of 2002SACKVILLE J
SYDNEY22 SEPTEMBER 2005
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
NSD 1223 of 2002
BETWEEN:
SEVEN NETWORK LIMITED
(ACN 052 816 789)
FIRST APPLICANTC7 PTY LIMITED
(ACN 082 901 442)
SECOND APPLICANTAND:
NEWS LIMITED
(ACN 007 871 178)
FIRST RESPONDENTSKY CABLE PTY LIMITED
(ACN 069 799 640)
SECOND RESPONDENTTELSTRA MEDIA PTY LIMITED
(ACN 069 279 027)
THIRD RESPONDENTFOXTEL MANAGEMENT PTY LIMITED
(ACN 068 671 938)
FOURTH RESPONDENTTELSTRA CORPORATION LIMITED
(ACN 051 775 556)
FIFTH RESPONDENTTELSTRA MULTIMEDIA PTY LIMITED
(ACN 069 279 072)
SIXTH RESPONDENTPUBLISHING AND BROADCASTING LIMITED
(ACN 009 071 167)
SEVENTH RESPONDENTNINE NETWORK AUSTRALIA PTY LIMITED
(ACN 008 685 407)
EIGHTH RESPONDENTSPORTS INVESTMENTS AUSTRALIA PTY LIMITED
(ACN 065 445 418)
NINTH RESPONDENTNETWORK TEN PTY LIMITED
(ACN 052 515 250)
TENTH RESPONDENTAUSTRALIAN FOOTBALL LEAGUE
(ACN 004 155 211)
ELEVENTH RESPONDENTAUSTRALIAN RUGBY FOOTBALL LEAGUE LIMITED
(ACN 003 107 293)
TWELFTH RESPONDENTNATIONAL RUGBY LEAGUE INVESTMENTS PTY LIMITED
(ACN 081 778 538)
THIRTEENTH RESPONDENTNATIONAL RUGBY LEAGUE LIMITED
(ACN 082 088 962)
FOURTEENTH RESPONDENTFOXTEL CABLE TELEVISION PTY LIMITED
(ACN 069 008 797)
FIFTEENTH RESPONDENTOPTUS VISION PTY LIMITED
(ACN 066 518 821)
SIXTEENTH RESPONDENTAUSTAR UNITED COMMUNICATIONS LIMITED
(ACN 087 695 707)
SEVENTEENTH RESPONDENTAUSTAR ENTERTAINMENT PTY LIMITED
(ACN 068 104 530)
EIGHTEENTH RESPONDENTIAN HUNTLY PHILIP
NINETEENTH RESPONDENTNEWS PAY TV PTY LIMITED
(ACN 085 095 487)
TWENTIETH RESPONDENTPBL PAY TV PTY LIMITED
(ACN 084 940 367)
TWENTY-FIRST RESPONDENTSINGTEL OPTUS PTY LIMITED
(ACN 052 833 208)
TWENTY-SECOND RESPONDENT
JUDGE:
SACKVILLE J
DATE:
22 SEPTEMBER 2005
PLACE:
SYDNEY
RULING ON EVIDENCE (No 1)
THE ISSUE
A dispute has arisen concerning the admissibility of portions of the statement of Mr Gammell of 24 March 2004 (‘the Statement’). I heard argument yesterday (21 September 2005)…
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- Case
- [2005] FCA 1348
- Decision Date
CaseChat Overview and Summary
The court considered the provisions of the Evidence Act 1995 (Cth), particularly sections 77 and 136, which respectively allow for the admission of opinion evidence for purposes other than proving the truth of the facts and permit the court to limit the use of evidence if it might be unfairly prejudicial. The court determined that while opinion evidence can be admitted for purposes other than proving the truth of facts under section 77, the court has a discretion under section 136 to limit the use of such evidence if there is a danger of unfair prejudice. The court found that in this case, admitting the evidence in the manner proposed by Seven Network created a significant risk of unfair prejudice to the respondents due to the difficulty in effectively challenging the evidence in cross-examination, given the complexity of the case and the lack of detail in Mr Gammell's statement. Therefore, the court exercised its discretion under section 136 to limit the use of Mr Gammell's evidence to proving only that he held certain opinions, not the truth of those opinions.
The final orders of the court were to admit Mr Gammell's evidence of his opinions only for the limited purpose of proving that he held those opinions, and not to prove the truth of the facts on which those opinions were based. This ruling was made to balance the need to allow the evidence to be presented while protecting the respondents from unfair procedural disadvantages.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
Established by: SACKVILLE J
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