Lee v NSW Commissioner of Police (No.3) [2019] NSWSC 694

Lee v NSW Commissioner of Police (No.3) [2019] NSWSC 694

The application for and issuing of the second search warrant was lawful; the use of information seized under an invalid warrant did not render the second warrant invalid as LEPRA does not prohibit such reliance; the existence of privilege claims did not obligate the issuing officer to disregard evidence or invalidate the warrant; the police acted reasonably in execution and in sorting relevant documents; claims for improper purpose, breach of confidence, and breach of privilege not substantiated.

Parties
Plaintiff: Denise Lee; First Defendant: NSW Commissioner of Police; Second Defendant: Megan Peebles; Third Defendant: Stephen Lister; Fourth Defendant: NSW Police Force
Jurisdiction
Australia
Judgment Date
14 June 2019
Procedural Posture
Civil Procedure / Procedural and Other Rulings
Outcome
Relief claimed in the Summons refused; search warrant and execution upheld.
Legal Topics
Search Warrants, Client Legal Privilege, Confidential Information, Execution of Search Warrants
Civil Procedure Administrative Law Search Warrants Client Legal Privilege Confidential Information Execution of Search Warrants

Case Brief

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Parties

Denise Lee

Plaintiff

NSW Commissioner of Police

First Defendant

Megan Peebles

Second Defendant

Stephen Lister

Third Defendant

NSW Police Force

Fourth Defendant

Procedural Posture

Civil Procedure / Procedural and Other Rulings

Legal Issues

  1. 1 Validity of the second search warrant
  2. 2 Use of information obtained from seizure under invalid first search warrant
  3. 3 Police conduct in application for and execution of the second search warrant

Ratio Decidendi

The application for and issuing of the second search warrant was lawful; the use of information seized under an invalid warrant did not render the second warrant invalid as LEPRA does not prohibit such reliance; the existence of privilege claims did not obligate the issuing officer to disregard evidence or invalidate the warrant; the police acted reasonably in execution and in sorting relevant documents; claims for improper purpose, breach of confidence, and breach of privilege not substantiated.

Court Disposition

Relief claimed in the Summons refused; search warrant and execution upheld.

Orders

  • Direct parties within seven days to confer and agree upon the form of orders to reflect the reasons for judgment.
  • Stand proceedings over for further submissions about orders to 28 June 2019 at 9.30am.