Mulhearn v Merit Homes Pty Ltd [2015] NSWCATCD 139

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mulhearn v Merit Homes Pty Ltd [2015] NSWCATCD 139 Hearing dates: 10 June 201511 June 2015 Decision date: 19 November 2015 Jurisdiction: Consumer and Commercial Division Before: P. Boyce, Senior Member Decision: The Tribunal allows the tender of the relevant photographs and video images obtained from the time lapse surveillance camera located on the land adjoining the site of the building works. Catchwords: Admissibility of time lapse images obtained from surveillance device, improperly obtained evidence, probity of evidence Legislation Cited: Home Building Act 1989 Evidence Act 1995 Surveillance Devices Act 2007 Workplace Surveillance Act 2005 Civil and Administrative Tribunal Act 2013 Cases Cited: Klein v Bryant [1998] ACTSC 89 Bedford v Bedford (unreported, NSWSC, Windeyer J, 20 October 1998 Bunning v Cross (1978) 141 CLR 54 Parker v Comptroller-General of Customs (2009) 83 ALJR 494; HCA 7 R v Coombe (unreported, NSW CCA, Hunt CJ at CL, Smart, McInerney JJ, 24 April 1997 Employment Advocate v Williamson (2001) 111FCR 20; 185 ALR 590: 50AILR 4-498; [2001] FCA 1164 Director of Public Prosecutions v Carr 2002 127 A Crim R 151; [2002] NSWSC 194 Texts Cited: Stephen Odgers Uniform Evidence Law Lawbook Co. 2010 Category: Procedural and other rulings Parties: Thomas Charles Mulhearn and Joanne Margaret Mulhearn (Applicants) Merit Homes Pty Ltd (Respondent) Representation: Counsel: Rodney Freeman (Applicants) Martin Walsh (Respondent) Solicitors: Scarfone & Co (Applicants) Snelgroves Lawyers (Respondent) File Number(s): HB14/32157 Publication restriction: Unrestricted