Johnson v Commissioner of New South Wales Police [2025] NSWSC 21

Johnson v Commissioner of New South Wales Police [2025] NSWSC 21

The search warrant SW1367/23 was invalid on its face for lack of sufficient specificity in describing the items to be searched for and their connection to the offences; simply specifying a solicitor's mobile phone and all its data in relation to three offences without further detail failed to meet LEPRA requirements for particularity. Other claimed grounds (regarding privilege and misleading issuing officer) were not established in absence of the issuing officer's record.

Parties
Plaintiff: Eric Johnson (a pseudonym); First Defendant: Commissioner of New South Wales Police; Second Defendant: Bradley Goodhart; Third Defendant: Buddy Semrany
Jurisdiction
Australia
Judgment Date
07 February 2025
Procedural Posture
Judicial Review / Final Judgment
Outcome
The search warrant SW1367/23 is declared invalid; issuing decision quashed; plaintiff's mobile phone to be returned; summons otherwise dismissed.
Legal Topics
Search Warrant Validity, Legal Professional Privilege, Judicial Review of Administrative Action, Police Search and Seizure, Procedural Requirements for Warrants
Administrative Law Criminal Law Police Powers Search Warrant Validity Legal Professional Privilege Judicial Review of Administrative Action Police Search and Seizure Procedural Requirements for Warrants

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Parties

Eric Johnson (a pseudonym)

Plaintiff

Commissioner of New South Wales Police

First Defendant

Bradley Goodhart

Second Defendant

Buddy Semrany

Third Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether search warrant SW1367/23 was invalid for lack of specificity under LEPRA requirements
  2. 2 Whether the issuing officer had reasonable grounds to issue the warrant in connection with three specified offences
  3. 3 Whether the warrant failed to exclude privileged material belonging to a solicitor

Ratio Decidendi

The search warrant SW1367/23 was invalid on its face for lack of sufficient specificity in describing the items to be searched for and their connection to the offences; simply specifying a solicitor's mobile phone and all its data in relation to three offences without further detail failed to meet LEPRA requirements for particularity. Other claimed grounds (regarding privilege and misleading issuing officer) were not established in absence of the issuing officer's record.

Court Disposition

The search warrant SW1367/23 is declared invalid; issuing decision quashed; plaintiff's mobile phone to be returned; summons otherwise dismissed.

Orders

  • Declare that the search warrant SW1367/23 is invalid.
  • Quash the decision of the third defendant on 1 November 2023 issuing SW1367/23.