Eastlings Pty Ltd v Calidu Import Export Pty Ltd [2020] NSWSC 1041

Supreme Court New South Wales

Medium Neutral Citation: Eastlings Pty Ltd v Calidu Import Export Pty Ltd [2020] NSWSC 1041 Hearing dates: 20 - 21 July 2020 Date of orders: 21 July 2020 Decision date: 10 August 2020 Jurisdiction: Equity Before: Ward CJ in Eq Decision: Determination that desirability of admitting the impugned evidence (to the extent that it was obtained improperly or in contravention of an Australian law or in consequence of an impropriety or of a contravention of an Australian law, such that s 138(1) of the Evidence Act 1995 (NSW) is applicable) outweighed the undesirability of admitting evidence obtained in the way in which the impugned evidence was obtained; leave granted to the plaintiff to rely upon the impugned affidavits (subject to the rulings made on 21 July 2020); costs of the application for leave to rely upon the impugned affidavits reserved; and directions made for the ongoing conduct of the proceeding. Catchwords: EVIDENCE — Discretions — Exclusion of evidence — Improperly or illegally obtained evidence Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 57, 58,59, 60 Criminal Code Act 1995 (Cth), s 11.4 Customs Act 1901 (Cth), ss 4, 233, 234, 236, 243T, 243U Evidence Act 1995 (NSW), ss 63, 64, 67, 135, 138 Cases Cited: Barker v The Queen (1994) 54 FCR 451 Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Bunning v Cross (1978) 141 CLR 54; [1978] HCA 22 Employment Advocate v Williamson (2001) 111 FCR 20; [2001] FCA 1164 Fleming v R [2009] NSWCCA 233 Kadir v The Queen [2020] HCA 1; (2020) 375 ALR 80 R v Eade [2002] NSWCCA 257; (2002) 131 A Crim R 390 R v Grech [2017] NSWCCA 288 R v Ladocki [2004] NSWCCA 336 Ridgeway v The Queen (1995) 184 CLR 1; [1995] HCA 66 Robinson v Woolworths Ltd (2005) 64 NSWLR 612; [2005] NSWCCA 426 Category: Procedural and other rulings Parties: Eastlings Pty Limited (ACN 132 572 911) (Plaintiff) Calidu Import Export Pty Limited (ACN 165 995 148) (First Defendant) Joseph Merlo (Second Defendant) Grace Christine Merlo (Third Defendant) Calidu Pty Limited (ACN 117 157 525) (Fourth Defendant) Representation: Counsel: C P O'Neill (Plaintiff) A Fernon (Defendants)