Adler v Gardiner [2002] FCA 1141

Adler v Gardiner [2002] FCA 1141

Ms Balding was authorised to assist in executing the search warrant. At the time of seizure and subsequent review, she considered whether the documents fell within the scope of the warrant. The disputed documents were not necessarily outside the warrant's third condition as they could throw light on Mr Adler's knowledge or suspicion about HIH's solvency. The process and exercise of power were proper, and the applicants did not prove any reviewable error in the officers' decisions.

Parties
First Applicant: Rodney Stephen Adler; Second Applicant: Adler Corporation Pty Limited; First Respondent: Paul Gerard Gardiner; Second Respondent: The Commissioner of Australian Federal Police; Third Respondent: Australian Securities & Investments Commission
Jurisdiction
Australia
Judgment Date
13 September 2002
Procedural Posture
Application for Review / Final Judgment on Deferred Questions Outlined in Amended Application, Following Protocols to Reduce Disputed Documents
Outcome
Application dismissed as to grounds 6, 7, and 8(a) of the amended application. Applicants to pay respondents' costs incurred on and from 2 August 2002, including costs of the hearing.
Legal Topics
Search Warrants, Seizure of Documents, Scope of Warrants, Proper Exercise of Statutory Power, Judicial Review of Search and Seizure
Corporations Law Criminal Law Administrative Law Search Warrants Seizure of Documents Scope of Warrants Proper Exercise of Statutory Power Judicial Review of Search and Seizure

Case Brief

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Parties

Rodney Stephen Adler

First Applicant

Adler Corporation Pty Limited

Second Applicant

Paul Gerard Gardiner

First Respondent

The Commissioner of Australian Federal Police

Second Respondent

Australian Securities & Investments Commission

Third Respondent

Procedural Posture

Application for Review / Final Judgment on Deferred Questions Outlined in Amended Application, Following Protocols to Reduce Disputed Documents

Legal Issues

  1. 1 Whether ASIC officer (Ms Balding) was lawfully authorised as 'constable assisting' under s 3C Crimes Act 1914 (Cth)
  2. 2 Whether documents seized fell within scope of the search warrant (i.e. satisfied third condition/would afford evidence as to commission of specified offences)
  3. 3 Whether document seizure decision was exercised properly and lawfully under s 3F of the Crimes Act 1914 (Cth)

Ratio Decidendi

Ms Balding was authorised to assist in executing the search warrant. At the time of seizure and subsequent review, she considered whether the documents fell within the scope of the warrant. The disputed documents were not necessarily outside the warrant's third condition as they could throw light on Mr Adler's knowledge or suspicion about HIH's solvency. The process and exercise of power were proper, and the applicants did not prove any reviewable error in the officers' decisions.

Court Disposition

Application dismissed as to grounds 6, 7, and 8(a) of the amended application. Applicants to pay respondents' costs incurred on and from 2 August 2002, including costs of the hearing.

Orders

  • The amended application be dismissed insofar as it seeks relief on the grounds alleged in paragraphs 6, 7 and 8(a) thereof.
  • The applicant pay the respondents' costs incurred on and from 2 August 2002, including the costs of the hearing on 10 September 2002.