Cockburn v The Trust Company Ltd [2014] NSWDC 60

Cockburn v The Trust Company Ltd [2014] NSWDC 60

Defendants demonstrated they had a legitimate forensic purpose for not allowing prior inspection of the DVD in accordance with Uniform Civil Procedure Rules 2005 (NSW), r 31.10(2)(a), so the evidence is not inadmissible solely by virtue of non-inspection under the rule.

Parties
Plaintiff: Raymond Cockburn; First Defendant: The Trust Company Ltd; Second Defendant: Jeminex Brands and Operations Pty Ltd (formerly Beaver Brands Pty Ltd)
Jurisdiction
Australia
Judgment Date
01 April 2014
Procedural Posture
Interlocutory Application / Interlocutory Judgment During Hearing
Outcome
Evidence not inadmissible by virtue of non-inspection
Legal Topics
Admissibility of Audio Visual Evidence, Covert Surveillance, Procedural Fairness, Inspection Requirements
Evidence Admissibility of Audio Visual Evidence Covert Surveillance Procedural Fairness Inspection Requirements

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Parties

Raymond Cockburn

Plaintiff

The Trust Company Ltd

First Defendant

Jeminex Brands and Operations Pty Ltd (formerly Beaver Brands Pty Ltd)

Second Defendant

Procedural Posture

Interlocutory Application / Interlocutory Judgment During Hearing

Legal Issues

  1. 1 Whether the covert surveillance DVD is inadmissible due to lack of opportunity for the plaintiff to inspect before tendering as required by UCPR 31.10(1)
  2. 2 Whether a legitimate forensic purpose or leave excuses compliance with the inspection requirement

Ratio Decidendi

Defendants demonstrated they had a legitimate forensic purpose for not allowing prior inspection of the DVD in accordance with Uniform Civil Procedure Rules 2005 (NSW), r 31.10(2)(a), so the evidence is not inadmissible solely by virtue of non-inspection under the rule.

Court Disposition

Evidence not inadmissible by virtue of non-inspection

Orders

  • DVD may be shown to Mr Cockburn during cross examination
  • If ultimately rejected, DVD will be disregarded