Nicholls v Australian Federal Police (No 3) [2009] FCA 152

Nicholls v Australian Federal Police (No 3) [2009] FCA 152

Leave to appeal refused as no particular error or evidence justifying confidentiality was identified; Applicant failed to demonstrate how disclosure would prejudice the administration of justice under s 50. Application for stay also refused due to lack of foundation.

Parties
Applicant: Arthur Christopher Nicholls; First Respondent: Australian Federal Police; Second Respondent: Deputy Commissioner of Taxation
Jurisdiction
Australia
Judgment Date
23 February 2009
Procedural Posture
Motion for Leave to Appeal and Stay / Ruling on Leave to Appeal and Stay Application
Outcome
Leave to appeal refused. Application for stay of operation of ruling refused.
Legal Topics
Search Warrants, Confidentiality of Affidavits, Public Access to Court Documents
Administrative Law Criminal Law Taxation Law Search Warrants Confidentiality of Affidavits Public Access to Court Documents

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Parties

Arthur Christopher Nicholls

Applicant

Australian Federal Police

First Respondent

Deputy Commissioner of Taxation

Second Respondent

Procedural Posture

Motion for Leave to Appeal and Stay / Ruling on Leave to Appeal and Stay Application

Legal Issues

  1. 1 Whether leave to appeal should be granted regarding refusal of confidentiality for affidavits
  2. 2 Whether a stay of the previous ruling should be granted

Ratio Decidendi

Leave to appeal refused as no particular error or evidence justifying confidentiality was identified; Applicant failed to demonstrate how disclosure would prejudice the administration of justice under s 50. Application for stay also refused due to lack of foundation.

Court Disposition

Leave to appeal refused. Application for stay of operation of ruling refused.

Orders

  • Leave to Applicant to amend paragraph 2 of the Notice of Motion.
  • Application for leave to appeal refused.