PUNCH v COUNCIL OF THE NSW BAR ASSOCIATION [2007] NSWCA 93
Section 14 of the Listening Devices Act 1984 does not implicitly prohibit the adducing of evidence in civil proceedings; its permission for use in criminal proceedings does not amount to a prohibition in civil proceedings.
- Parties
- Claimant: John Patrick Punch; Opponent: Council of New South Wales Bar Association
- Jurisdiction
- Australia
- Judgment Date
- 26 April 2007
- Procedural Posture
- Appeal / Leave to Appeal From Interlocutory Decision
- Outcome
- leave to appeal refused and summons dismissed with costs
- Legal Topics
- Admissibility of Evidence, Disciplinary Proceedings, Listening Devices Act, Statutory Interpretation
Case Brief
Summary, issues, holding and outcome
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Parties
John Patrick Punch
Claimant
Council of New South Wales Bar Association
Opponent
Procedural Posture
Appeal / Leave to Appeal From Interlocutory Decision
Legal Issues
- 1 Whether s 14 of the Listening Devices Act 1984 prohibits the adducing of intercepted evidence in civil proceedings, specifically in disciplinary proceedings.
- 2 Whether the intercepted conversation was obtained 'inadvertently or unexpectedly' within the meaning of s 14.
- 3 Whether the Tribunal's interlocutory decision on admissibility was appealable.
Ratio Decidendi
Section 14 of the Listening Devices Act 1984 does not implicitly prohibit the adducing of evidence in civil proceedings; its permission for use in criminal proceedings does not amount to a prohibition in civil proceedings.
Court Disposition
leave to appeal refused and summons dismissed with costs
Orders
- Leave to appeal refused
- Summons dismissed with costs
Full Case Text
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