Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 98

Marsden v Amalgamated Television Services Pty Limited [2000] NSWSC 98

The tender of the tapes and warrants was rejected because the warrants did not comply with statutory requirements for form and content under the Listening Devices Act 1984, and there was insufficient evidence that the conditions of the warrant had been fulfilled. Therefore, the tapes were not proved to have been...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
28 February 2000
Procedural Posture
Civil / Evidentiary Ruling
Outcome
Tender of tapes and warrants rejected
Legal Topics
['admissibility of Evidence' 'listening Devices Act 1984' 'police Integrity Commission Act 1996' 'private Conversations' 'tender of Tapes']
['evidence'] ['admissibility of Evidence' 'listening Devices Act 1984' 'police Integrity Commission Act 1996' 'private Conversations' 'tender of Tapes']

Source-derived case record

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Procedural Posture

Civil / Evidentiary Ruling

Legal Issues

  1. 1 ['Admissibility of tapes obtained by listening devices under the Listening Devices Act 1984 in civil proceedings' 'Requirements for proof of validity of warrants authorising listening devices' 'Effect of non-compliance with statutory requirements for warrants on admissibility of evidence']

Ratio Decidendi

The tender of the tapes and warrants was rejected because the warrants did not comply with statutory requirements for form and content under the Listening Devices Act 1984, and there was insufficient evidence that the conditions of the warrant had been fulfilled. Therefore, the tapes were not proved to have been lawfully obtained and were inadmissible.

Court Disposition

Tender of tapes and warrants rejected

Orders

  • ['Tender of tapes (MFI 101) rejected' 'Warrants (exhibit 53) remain on the record but have no probative effect']