Malubel Pty Ltd & Anor v Elder, Wendy & Ors [1997] FCA 1535

Malubel Pty Ltd & Anor v Elder, Wendy & Ors [1997] FCA 1535

The applicants failed to demonstrate the warrants issued under s 3E of the Crimes Act 1914 were invalid or constituted a reviewable error. Statutory requirements for the face of the warrants were met, any deficiencies were severable and did not enlarge the warrants beyond their lawful scope, material facts were sufficiently disclosed, no fraud or improper purpose was established, and the application for warrants was properly made by a constable.

Parties
First Applicant: Malubel Pty Ltd; Second Applicant: Jim Kyu Chung; First Respondent: Wendy Elder; Second Respondent: Donald John Whinfield; Third Respondent: Albert Gardner
Jurisdiction
Australia
Judgment Date
24 December 1997
Procedural Posture
Judicial Review Application / Final Judgment
Outcome
Application dismissed
Legal Topics
Validity of Search Warrants, Improper Exercise of Power, Disclosure of Jurisdictional Matters, Ulterior or Collateral Purpose
Criminal Law Administrative Law Search and Seizure Validity of Search Warrants Improper Exercise of Power Disclosure of Jurisdictional Matters Ulterior or Collateral Purpose

Case Brief

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Parties

Malubel Pty Ltd

First Applicant

Jim Kyu Chung

Second Applicant

Wendy Elder

First Respondent

Donald John Whinfield

Second Respondent

Albert Gardner

Third Respondent

Procedural Posture

Judicial Review Application / Final Judgment

Legal Issues

  1. 1 Whether search warrants issued under Crimes Act 1914 were invalid on their face
  2. 2 Whether jurisdictional matters must be disclosed on the face of the warrants
  3. 3 Whether the description and status of executing officers and assisting persons invalidated the warrants

Ratio Decidendi

The applicants failed to demonstrate the warrants issued under s 3E of the Crimes Act 1914 were invalid or constituted a reviewable error. Statutory requirements for the face of the warrants were met, any deficiencies were severable and did not enlarge the warrants beyond their lawful scope, material facts were sufficiently disclosed, no fraud or improper purpose was established, and the application for warrants was properly made by a constable.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.
  • The applicants pay the respondents' costs.