Black v Breen & Anor [2000] NSWSC 987

Black v Breen & Anor [2000] NSWSC 987

There was the barest compliance with recordal requirements under s.13(1) of the Search Warrants Act 1985, and the deficiencies were matters of form rather than substance, so the warrant was not invalid. However, the failure to provide the complete Occupier's Notice on execution rendered the execution of the warrant contrary to law.

Jurisdiction
Australia
Judgment Date
27 October 2000
Procedural Posture
Declaration Application (civil Proceeding) / Judgment
Outcome
Declaration that the execution of the warrant on 13 October 1998 was contrary to law; issue and content of the warrant otherwise upheld; costs to be determined.
Legal Topics
['search Warrants' 'validity of Warrants' "occupier's Notice" 'execution of Search Warrant']
['criminal Procedure' 'administrative Law'] ['search Warrants' 'validity of Warrants' "occupier's Notice" 'execution of Search Warrant']

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Procedural Posture

Declaration Application (civil Proceeding) / Judgment

Legal Issues

  1. 1 ['Whether particulars of grounds for granting search warrant were inadequate so as to render warrant invalid' "Whether execution of the warrant was contrary to law due to incomplete service of Occupier's Notice"]

Ratio Decidendi

There was the barest compliance with recordal requirements under s.13(1) of the Search Warrants Act 1985, and the deficiencies were matters of form rather than substance, so the warrant was not invalid. However, the failure to provide the complete Occupier's Notice on execution rendered the execution of the warrant contrary to law.

Court Disposition

Declaration that the execution of the warrant on 13 October 1998 was contrary to law; issue and content of the warrant otherwise upheld; costs to be determined.

Orders

  • ['Declaration that the execution of the warrant on 13 October 1998 was contrary to law.' 'Court to hear submissions as to costs.']