Mulhearn v Merit Homes Pty Ltd [2015] NSWCATCD 139

Mulhearn v Merit Homes Pty Ltd [2015] NSWCATCD 139

The Tribunal found that there was no contravention of the Surveillance Devices Act or Workplace Surveillance Act, and that, even if the evidence was arguably improperly obtained, the probative value of the evidence and the benefit to the Tribunal outweigh any reasons for exclusion; accordingly, the photographs and video images are admissible.

Jurisdiction
Australia
Judgment Date
19 November 2015
Procedural Posture
Procedural and Other Rulings / Ruling on Admissibility of Evidence Pending Substantive Hearing Continuation
Outcome
Application to tender photographs and video images allowed
Legal Topics
['admissibility of Evidence' 'improperly Obtained Evidence' 'surveillance Devices' 'building Contracts']
['evidence' 'contract Law' 'building and Construction Law'] ['admissibility of Evidence' 'improperly Obtained Evidence' 'surveillance Devices' 'building Contracts']

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Procedural Posture

Procedural and Other Rulings / Ruling on Admissibility of Evidence Pending Substantive Hearing Continuation

Legal Issues

  1. 1 ['Whether photographs and video obtained by time lapse surveillance camera are admissible' 'Whether evidence was obtained improperly or illegally under relevant statutes' 'Whether the desirability of admitting evidence outweighs the undesirability']

Ratio Decidendi

The Tribunal found that there was no contravention of the Surveillance Devices Act or Workplace Surveillance Act, and that, even if the evidence was arguably improperly obtained, the probative value of the evidence and the benefit to the Tribunal outweigh any reasons for exclusion; accordingly, the photographs and video images are admissible.

Court Disposition

Application to tender photographs and video images allowed

Orders

  • ['The Tribunal allows the tender of the relevant photographs and video images obtained from the time lapse surveillance camera located on the land adjoining the site of the building works.']