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The Court found negligence in sheet piling works that damaged the Rayman home, rejected a non-delegable duty argument, and awarded damages plus interest.
R v Rajapakse [2024] NSWSC 1226
The court rejected a criminal accused’s bid to exclude an investigator’s note and related evidence from an “off the record” police conversation with a witness.
R v Parsons (a pseudonym) [2024] NSWDC 578
The court excluded evidence from the accused’s mobile phone, finding police obtained access improperly and unlawfully during a search of the premises.
R v Eliot (No. 1) [2022] NSWDC 327
The District Court excluded computer evidence after finding police improperly obtained consent from the accused’s mother during a misleading hospital interview.
Duma v Fairfax Media Publications Pty Limited (No 2) [2021] FCA 1299
The Federal Court admitted most disputed documents in a defamation case, finding their probative value outweighed concerns about improper acquisition and unfair prejudice.
High Court appeal on s 138 Evidence Act NSW: improperly obtained evidence, public interest balancing, and whether each item must be assessed separately.
Director of Public Prosecutions (NSW) v GW [2018] NSWSC 50
The Supreme Court allowed a prosecution appeal in part, set aside a Children's Court dismissal, and remitted the matter after finding inadequate reasons and an unperformed s 138 balancing exercise.
Yazdani v R [2016] NSWCCA 194
The New South Wales Court of Criminal Appeal dismissed Sahba Yazdani’s appeal against conviction for drug and related offences, rejecting complaints about evidence, disclosure, and fresh evidence.
R v Hunter (No 7) [2014] NSWSC 1150
The court refused to exclude accused-made admissions, holding that police compliance issues under LEPRA and the Regulations did not require exclusion under s 138.
R v George Heleta R v Sailosi Osuji [2014] NSWDC 82
The District Court refused to exclude an ERISP interview of a witness, finding it was voluntarily given, highly probative, and capable of redaction.
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