Chao v Chao [2008] NSWSC 584

New South Wales Supreme Court

CITATION : Chao v Chao [2008] NSWSC 584

HEARING DATE(S) : 8 May 2008 JURISDICTION : Equity Division Expedition List

JUDGMENT OF : Brereton J

EX TEMPORE JUDGMENT DATE : 8 May 2008

DECISION : The recorded conversation is admissible subject to proof of accuracy of transcript.

CATCHWORDS : EVIDENCE – Admissibility of evidence – where evidence being adduced is a transcript of a recorded telephone conversation – where recording made by holding tape recorder to speaker - (CTH) Telecommunications (Interception and Access) Act 1979 – whether recorded conversation is an interception of communication passing over a telecommunications system – whether recorded conversation had become accessible to the intended recipient of the communication. - EVIDENCE – Admissibility of evidence – where evidence being adduced is a transcript of a recorded telephone conversation – (NSW) Listening Devices Act 1984 – whether recorded conversation obtained unlawfully – whether recorded conversation had become known to the party only through use of the listening device – whether use of the listening device was reasonably necessary for the protection of the lawful interests of principal party by whom it was recorded.

(NSW) Evidence Act 1995, ss 128, 132 LEGISLATION CITED : (NSW) Listening Devices Act 1984, ss 5, 13 (CTH) Telecommunications (Interception and Access) Act 1979, ss 5F, 5H, 7

CATEGORY : Procedural and other rulings

CASES CITED : Ferrall v Blyton [2000] FamCA 1442; (2000) FLC 93-054

PARTIES : Ping Jung Chao (plaintiff) Sheng-Chun Chao (defendant)

FILE NUMBER(S) : SC 4398/07