The Commissioner of the Australian Federal Police v He [2022] NSWSC 1260

The Commissioner of the Australian Federal Police v He [2022] NSWSC 1260

The application to revoke the restraining orders was dismissed because the interview evidence allegedly obtained in breach of statutory rights was neither material nor causally relevant to the making of the ex parte orders. The supporting evidence overwhelmingly established reasonable grounds for suspicion independently of the impugned interviews, and the interests of justice do not require revocation where the challenged illegality did not cause the orders and did not involve a material non-disclosure. Consequently, the administration of justice would not be brought into disrepute by leaving the orders in place.

Jurisdiction
Australia
Judgment Date
19 September 2022
Procedural Posture
Application for Revocation of Ex Parte Restraining Orders / Decision After Hearing of Revocation Application
Outcome
application for revocation dismissed
Legal Topics
['restraining Orders' 'ex Parte Applications' 'illegally Obtained Evidence' 'interests of Justice' 'full Disclosure in Ex Parte Proceedings']
['crime' 'proceeds of Crime' 'administrative Law'] ['restraining Orders' 'ex Parte Applications' 'illegally Obtained Evidence' 'interests of Justice' 'full Disclosure in Ex Parte Proceedings']

Case Brief

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Procedural Posture

Application for Revocation of Ex Parte Restraining Orders / Decision After Hearing of Revocation Application

Legal Issues

  1. 1 ['Whether the restraining orders should be revoked on the basis that evidence was improperly or illegally obtained and not properly disclosed to the judge at the ex parte hearing' 'Whether it is in the interests of justice to revoke the ex parte restraining orders']

Ratio Decidendi

The application to revoke the restraining orders was dismissed because the interview evidence allegedly obtained in breach of statutory rights was neither material nor causally relevant to the making of the ex parte orders. The supporting evidence overwhelmingly established reasonable grounds for suspicion independently of the impugned interviews, and the interests of justice do not require revocation where the challenged illegality did not cause the orders and did not involve a material non-disclosure. Consequently, the administration of justice would not be brought into disrepute by leaving the orders in place.

Court Disposition

application for revocation dismissed

Orders

  • ['The application of the first, second, third and fourth defendants by their notice of motion for the revocation of orders made by the Court on 6 October 2021 is dismissed.' 'The said defendants are to pay the plaintiffs costs of the notice of motion.']