Caratti v Commissioner of the Australian Federal Police [2018] FCA 907

Caratti v Commissioner of the Australian Federal Police [2018] FCA 907

Mr Caratti does not have standing as he lacks a sufficient special interest in the subject matter; under proper construction, corporate entities are 'occupiers' within the meaning of s 3N of the Crimes Act 1914 (Cth) and are entitled to request and receive copies of documents seized under warrant; the requests made by the companies are valid and the injunction applications are dismissed.

Jurisdiction
Australia
Judgment Date
15 June 2018
Procedural Posture
Application for Injunction (civil Proceedings) / Final Judgment (post Hearing, Reasons Delivered)
Outcome
Application for injunction dismissed; declarations made as to companies' entitlement as 'occupiers'; applicant to pay costs of second to eleventh respondents.
Legal Topics
['standing to Seek Injunction' 'entitlement to Copies of Seized Documents' "interpretation of 'occupier' in Crimes Act 1914 (cth) S 3 N"]
['criminal Law' 'civil Procedure' 'statutory Interpretation' 'insolvency'] ['standing to Seek Injunction' 'entitlement to Copies of Seized Documents' "interpretation of 'occupier' in Crimes Act 1914 (cth) S 3 N"]

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Procedural Posture

Application for Injunction (civil Proceedings) / Final Judgment (post Hearing, Reasons Delivered)

Legal Issues

  1. 1 ['Does the applicant (Mr Caratti) have standing to seek an injunction to restrain the AFP from providing documents to liquidators and companies?' "Are companies (corporate entities) entitled as 'occupiers' under s 3N of the Crimes Act 1914 (Cth) to receive copies of seized documents?" 'What orders should be made regarding the provision of documents seized under warrant to the companies or their liquidators?']

Ratio Decidendi

Mr Caratti does not have standing as he lacks a sufficient special interest in the subject matter; under proper construction, corporate entities are 'occupiers' within the meaning of s 3N of the Crimes Act 1914 (Cth) and are entitled to request and receive copies of documents seized under warrant; the requests made by the companies are valid and the injunction applications are dismissed.

Court Disposition

Application for injunction dismissed; declarations made as to companies' entitlement as 'occupiers'; applicant to pay costs of second to eleventh respondents.

Orders

  • ["Declarations that each relevant company was an 'occupier' under s 3N of the Crimes Act 1914 (Cth) at the time of execution of the warrants." 'Declarations that the 3N requests made by or on behalf of the relevant companies and liquidators are valid.' 'Application for injunction dismissed.' 'Applicant to pay costs...