Price, John Ernest v Australian Securities Commission & Ors [1997] FCA 1561

Price, John Ernest v Australian Securities Commission & Ors [1997] FCA 1561

The application was dismissed because Mr Price did not establish that the search warrant was invalidly issued, unauthorised, or unlawfully executed, and the remaining seized documents had effectively been returned. The passports were lawfully in ITSA's custody because they had been validly seized, delivered to ITSA after Mr Price's agreement and a demand under s 77(a)(ii) of the Bankruptcy Act, and any question about Mr Price leaving Australia had to be addressed under the Bankruptcy Act rather than in this proceeding.

Jurisdiction
Australia
Judgment Date
12 December 1997
Procedural Posture
Application Challenging the Issue and Execution of a Search Warrant / Final Disposition
Outcome
Application dismissed; passports ordered to be delivered to the Official Trustee; no order as to costs.
Legal Topics
['validity of Search Warrant' 'execution of Search Warrant' 'seizure and Custody of Passports' 'discretionary Relief' 'bankruptcy Act Passport Demand']
['administrative Law' 'corporations Law' 'bankruptcy Law'] ['validity of Search Warrant' 'execution of Search Warrant' 'seizure and Custody of Passports' 'discretionary Relief' 'bankruptcy Act Passport Demand']

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Procedural Posture

Application Challenging the Issue and Execution of a Search Warrant / Final Disposition

Legal Issues

  1. 1 ['Whether the search warrant was invalidly issued or not authorised by the statute under which it was issued.' 'Whether the warrant was executed oppressively or officers exceeded the authority conferred by it.' 'Whether relief should be granted where seized documents had been returned and copies destroyed subject to limited exceptions.' 'Whether the two passports seized under the warrant should be returned to Mr Price or delivered to ITSA under the Bankruptcy Act 1966 (Cth).']

Ratio Decidendi

The application was dismissed because Mr Price did not establish that the search warrant was invalidly issued, unauthorised, or unlawfully executed, and the remaining seized documents had effectively been returned. The passports were lawfully in ITSA's custody because they had been validly seized, delivered to ITSA after Mr Price's agreement and a demand under s 77(a)(ii) of the Bankruptcy Act, and any question about Mr Price leaving Australia had to be addressed under the Bankruptcy Act rather than in this proceeding.

Court Disposition

Application dismissed; passports ordered to be delivered to the Official Trustee; no order as to costs.

Orders

  • ['The application is dismissed.' 'The two passports of Mr Price delivered up by the third respondent to the Court be delivered up to the Official Trustee to be held in the custody of Mr Gallant pursuant to the provisions of the Bankruptcy Act 1966 (Cth).' 'No order as to costs.']