Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Metz Holdings Pty Ltd v Simmac Pty Ltd (No 1) [2011] FCA 263 Citation: Metz Holdings Pty Ltd v Simmac Pty Ltd (No 1) [2011] FCA 263
Parties: METZ HOLDINGS PTY LTD (ACN 059 264 210) AS TRUSTEE FOR THE ZULU TRUST AND GROUP M PTY LTD (ACN 118 506 148) AS TRUSTEE FOR THE ROUBAIX TRUST, MERVIN METZ and FARREL METZ v SIMMAC PTY LTD (ACN 062 327 397), PAUL CAMPBELL SIM, LINDA MCBRIERTY and LINDA MCBRIERTY AND EDWARD HUGH JENNINGS AS TRUSTEES FOR THE LINDA MCBRIERTY SUPERANNUATION FUND
File number: WAD 114 of 2009
Judge: BARKER J
Date of judgment: 23 March 2011
Catchwords: EVIDENCE – tender of a computer disk containing recordings of conversations made by using mobile telephone – whether s 138 of the Evidence Act 1995 (Cth) applies – whether contravention of s 5 Surveillance Devices Act 1998 (WA) – whether contravention of s 9 Surveillance Devices Act 1998 (WA) – exemptions held to apply – whether use of surveillance device in the public interest – no additional requirement to obtain publication order under s 31 Surveillance Devices Act 1998 (WA)
Legislation: Evidence Act 1995 (Cth) s 48, s 138 Surveillance Devices Act 1998 (WA) s 3, s 5, s 9, s 31
Cases cited: Channel Seven Perth Pty Ltd v "S" (A Company) [2005] WASC 175; (2005) 30 WAR 494 Channel Seven Perth Pty Ltd v "S" (A Company) [2007] WASCA 122; (2007) 34 WAR 325
Date of hearing: 22 March 2011
Place: Perth
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 31
Counsel for the Applicants: Mr P Mendelow
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