Dunesky, Peter Eric & Anor v Commonwealth of Australia & Ors [1995] FCA 1090

Dunesky, Peter Eric & Anor v Commonwealth of Australia & Ors [1995] FCA 1090

The interests of justice are best served by maintaining the status quo established by interlocutory orders of 26 April 1995, and neither notice of motion demonstrates a basis to disturb that regime. Each notice is dismissed, and costs of each motion are ordered to be applicants' costs in the proceeding.

Jurisdiction
Australia
Judgment Date
19 December 1995
Procedural Posture
Practice and Procedure, Interlocutory Applications / Interlocutory, Orders Regarding Motions Prior to Final Hearing
Outcome
Both notices of motion dismissed. Costs of each motion to be applicants' costs in the proceeding.
Legal Topics
['search Warrants' 'notices to Admit Facts' 'leave to Present Information' 'legal Professional Privilege' 'interlocutory Orders']
['criminal Law' 'civil Procedure'] ['search Warrants' 'notices to Admit Facts' 'leave to Present Information' 'legal Professional Privilege' 'interlocutory Orders']

Case Brief

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Procedural Posture

Practice and Procedure, Interlocutory Applications / Interlocutory, Orders Regarding Motions Prior to Final Hearing

Legal Issues

  1. 1 ['Whether leave should be granted to present an information seeking a new warrant for uncontested documents' 'Whether respondents should be released from interlocutory orders to respond to notices to admit facts' 'Proper regime for handling documents pending final hearing' 'Whether special circumstances exist to warrant modification of interlocutory orders']

Ratio Decidendi

The interests of justice are best served by maintaining the status quo established by interlocutory orders of 26 April 1995, and neither notice of motion demonstrates a basis to disturb that regime. Each notice is dismissed, and costs of each motion are ordered to be applicants' costs in the proceeding.

Court Disposition

Both notices of motion dismissed. Costs of each motion to be applicants' costs in the proceeding.

Orders

  • ['The notice of motion filed by the first respondent on 6 September 1995 is dismissed.' 'The notice of motion filed by the respondents on 11 September 1995 is dismissed.' "The costs of each motion shall be the applicants' costs in the proceeding."]