Fantakis v Commissioner of Police [2013] NSWSC 685

Fantakis v Commissioner of Police [2013] NSWSC 685

The plaintiff identified no denial of procedural fairness or other reviewable error of law. He was the applicant in a s 219 application, was given an opportunity to make submissions, did not seek an adjournment, and further time would not have assisted because he was not entitled to examine the details of the continuing investigation. It was open to the Magistrate to accept the prosecutor's instructions that the items were connected with current charges or a continuing homicide investigation and might be required for further testing or evidence. The alleged non-service of a seizure notice was immaterial to the decision and did not establish that execution of the warrant or retention of...

Jurisdiction
Australia
Judgment Date
31 May 2013
Procedural Posture
Appeal and Claim for Relief in the Nature of Certiorari Concerning Refusal of an Application Under S 219 of the Law Enforcement (powers and Responsibilities) Act 2002 for Return of Seized Property / Determination of Amended Summons in the Supreme Court of New South Wales
Outcome
Amended summons dismissed; plaintiff ordered to pay the defendants' costs of the proceedings.
Legal Topics
['procedural Fairness' 'return of Seized Property' 'search Warrants' 'public Interest Immunity' 'police Investigations']
['administrative Law' 'criminal Law' 'evidence'] ['procedural Fairness' 'return of Seized Property' 'search Warrants' 'public Interest Immunity' 'police Investigations']

Case Brief

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Procedural Posture

Appeal and Claim for Relief in the Nature of Certiorari Concerning Refusal of an Application Under S 219 of the Law Enforcement (powers and Responsibilities) Act 2002 for Return of Seized Property / Determination of Amended Summons in the Supreme Court of New South Wales

Legal Issues

  1. 1 ['Whether the Local Court decision refusing return of seized property involved an error of law.' 'Whether the plaintiff was denied procedural fairness by not being given time to respond to submissions about the ongoing investigation and possible further testing.' 'Whether alleged non-service of a seizure notice affected the legality of the execution of the search warrant or the retention of seized goods.' 'Whether evidence concerning the details or progress of a current police investigation could be examined in the application.']

Ratio Decidendi

The plaintiff identified no denial of procedural fairness or other reviewable error of law. He was the applicant in a s 219 application, was given an opportunity to make submissions, did not seek an adjournment, and further time would not have assisted because he was not entitled to examine the details of the continuing investigation. It was open to the Magistrate to accept the prosecutor's instructions that the items were connected with current charges or a continuing homicide investigation and might be required for further testing or evidence. The alleged non-service of a seizure notice was immaterial to the decision and did not establish that execution of the warrant or retention of...

Court Disposition

Amended summons dismissed; plaintiff ordered to pay the defendants' costs of the proceedings.

Orders

  • ['Dismiss the amended summons.' "Order the plaintiff to pay the defendants' costs of the proceedings."]