SEE v HARDMAN & ANOR [2002] NSWSC 234

SEE v HARDMAN & ANOR [2002] NSWSC 234

The tape recording and transcript were obtained in contravention of s.5 of the Listening Devices Act 1984 (NSW) and as a result of an impropriety, and their admission was not justified under the weighing exercise required by s.138 of the Evidence Act 1995 (NSW). Therefore, the tender of the tape and transcript was rejected.

Jurisdiction
Australia
Judgment Date
21 March 2002
Procedural Posture
Equity / Interlocutory Ruling on Admissibility of Evidence
Outcome
Tender of tape and transcript rejected
Legal Topics
['admissibility of Evidence' 'listening Devices Act' 'improperly Obtained Evidence']
['evidence' 'equity'] ['admissibility of Evidence' 'listening Devices Act' 'improperly Obtained Evidence']

Case Brief

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Procedural Posture

Equity / Interlocutory Ruling on Admissibility of Evidence

Legal Issues

  1. 1 ['Whether a tape recording and transcript tendered by the plaintiff are admissible as evidence in light of the Listening Devices Act 1984 (NSW) and Evidence Act 1995 (NSW) s.138']

Ratio Decidendi

The tape recording and transcript were obtained in contravention of s.5 of the Listening Devices Act 1984 (NSW) and as a result of an impropriety, and their admission was not justified under the weighing exercise required by s.138 of the Evidence Act 1995 (NSW). Therefore, the tender of the tape and transcript was rejected.

Court Disposition

Tender of tape and transcript rejected

Orders

  • ['The tape and transcript are not admitted into evidence']