Lee v NSW Commissioner of Police (No.2) [2017] NSWSC 1789

Lee v NSW Commissioner of Police (No.2) [2017] NSWSC 1789

The search warrant issued by the third defendant was invalid, so search and seizure under that warrant were unauthorized. Orders should be made for the return of seized property and for the quashing of the warrant, as declining to make orders would risk wasted time, funds, and conflicting decisions.

Jurisdiction
Australia
Judgment Date
01 December 2017
Procedural Posture
Civil / Final Orders After Judgment
Outcome
Search warrant declared invalid; property to be returned; costs to plaintiff
Legal Topics
['invalid Search Warrant' 'return of Seized Property' 'quashing of Administrative Decision' 'costs']
['administrative Law'] ['invalid Search Warrant' 'return of Seized Property' 'quashing of Administrative Decision' 'costs']

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Procedural Posture

Civil / Final Orders After Judgment

Legal Issues

  1. 1 ['Whether the search warrant issued by the third defendant was valid' 'Whether property was lawfully seized under the warrant' 'What orders should be made in relation to seized property']

Ratio Decidendi

The search warrant issued by the third defendant was invalid, so search and seizure under that warrant were unauthorized. Orders should be made for the return of seized property and for the quashing of the warrant, as declining to make orders would risk wasted time, funds, and conflicting decisions.

Court Disposition

Search warrant declared invalid; property to be returned; costs to plaintiff

Orders

  • ['Declare that the search warrant issued by the third defendant on 21 February 2017 is invalid.' 'Order that the decision of the third defendant to issue that warrant be quashed.' "Declare that the search of the plaintiff's premises on 22 February 2017 and the seizure of items from those premises was not authorised...