Lai-Ha v McCusker

Lai-Ha v McCusker was a case where Lai-Ha, the appellant, contested charges related to copyright infringement and possession of infringing articles. The case was heard in the Supreme Court of New South Wales. The primary issue was whether the video recordings and cassettes used in the prosecution were admissible as evidence and whether the Magistrate had the correct jurisdiction to hear the appeal. Lai-Ha also argued that the evidence was insufficient to prove she was the proprietor of the business, as required by the relevant statute.

The court examined the admissibility of the video recordings and found that Lai-Ha's objections were unfounded. The court concluded that the video was properly in evidence and contained admissions that sufficiently established Lai-Ha as the proprietor. The court also noted that Lai-Ha's contention that the Magistrate should not have been satisfied beyond reasonable doubt was not valid, as the evidence, including that from a witness, supported the conclusion that Lai-Ha was indeed the proprietor. The court further addressed the jurisdiction of the Local Court to hear the appeal and determined that the Local Court had the requisite jurisdiction.

The court also clarified the nature of the appeal, stating that it was not an appeal de novo but rather an appeal in the strict sense or by way of re-hearing. This distinction was important for determining how certain questions should be resolved. Ultimately, the court found in favour of the respondent, dismissing Lai-Ha's application and ordering her to pay the respondent's costs.