PUNCH v COUNCIL OF THE NSW BAR ASSOCIATION [2007] NSWCA 93

Reported Decision: 69 NSWLR 485

New South Wales Court of Appeal

CITATION: PUNCH v COUNCIL OF THE NSW BAR ASSOCIATION [2007] NSWCA 93

HEARING DATE(S): 26 March 2007

JUDGMENT DATE: 26 April 2007

JUDGMENT OF: Mason P at 1; Tobias JA at 51; Bell J at 52

DECISION: Leave to appeal refused and summons dismissed with costs

CATCHWORDS: APPEAL AND NEW TRIAL – General principles – right of appeal – where appeal lies – from interlocutory decision – leave to appeal – whether appealable decision – where no formal order made – appeal from decision on admissibility of evidence in disciplinary proceedings in the Administrative Appeals Tribunal – doubt expressed on whether appeal lies - EVIDENCE – Admissibility – general – evidence unlawfully or irregularly obtained –pursuant to warrant – whether obtained inadvertently or unexpectedly – whether it follows that information is obtained inadvertently or unexpectedly when it is obtained while investigating an unrelated offence – ss 12, 13, 14, Listening Devices Act 1984 - STATUTES – Acts of parliament – interpretation – permissive provision – expressio unius est exclusio alterius – where statute permits use of evidence in criminal proceedings but is silent on prohibiting use in civil proceedings – s 14, Listening Devices Act 1984

Administrative Decisions Tribunal Act 1997 Evidence Act 1995 LEGISLATION CITED: Legal Profession Act 1987 Legal Profession Act 2004 Listening Devices Act 1984 (NSW) Supreme Court Act 1970

Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Bermingham v Corrective Services Commission of New South Wales (1988) 15 NSWLR 292 Bunning v Cross (1978) 141 CLR 54. Director-General of Social Services v Chaney (1980) 47 FLR 80 CASES CITED: Federal Commissioner of Taxation v Rowe (1997) 187 CLR 266 Lloyd v Veterinary Surgeons Investigating Committee [1999] NSWCA 68 New South Wales Bar Association v Punch [2006] NSWADT 191 R v Haddad & Treglia [2000] NSWCCA 351 R v Ireland (1970) 126 CLR 321 Western Australia v The Commonwealth (1975) 134 CLR 201