Woodroffe v National Crime Authority [1999] FCA 591

Woodroffe v National Crime Authority [1999] FCA 591

Applicant's claims are not so unmeritorious as to warrant summary dismissal or permanent stay; there is a triable issue regarding the validity of the warrant and the lawfulness of provision of information to the Deputy Commissioner of Taxation.

Jurisdiction
Australia
Judgment Date
06 May 1999
Procedural Posture
Application / Interlocutory Decision on Motion to Summarily Dismiss or Stay Application
Outcome
Motion to summarily dismiss or stay application dismissed; application proceeds.
Legal Topics
['validity of Search Warrant' 'provision of Evidence to Deputy Commissioner of Taxation' 'legal Professional Privilege']
['administrative Law' 'criminal Law'] ['validity of Search Warrant' 'provision of Evidence to Deputy Commissioner of Taxation' 'legal Professional Privilege']

Case Brief

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Procedural Posture

Application / Interlocutory Decision on Motion to Summarily Dismiss or Stay Application

Legal Issues

  1. 1 ['Whether the warrant issued was validly issued and executed' 'Whether the absence of the privilege notice attached to the warrant affects validity' 'Whether provision of material obtained in execution of warrant to Deputy Commissioner of Taxation was lawful']

Ratio Decidendi

Applicant's claims are not so unmeritorious as to warrant summary dismissal or permanent stay; there is a triable issue regarding the validity of the warrant and the lawfulness of provision of information to the Deputy Commissioner of Taxation.

Court Disposition

Motion to summarily dismiss or stay application dismissed; application proceeds.

Orders

  • ['Motion of 13 April 1999 by National Crime Authority dismissed']