Lai-Ha v McCusker [2000] FCA 1055

Lai-Ha v McCusker [2000] FCA 1055

The applicant is granted leave to file an amended application for order for review, as there is no real utility in refusing it given the respondent does not claim prejudice and all evidence is closed, even though doubts exist regarding the applicant's standing and the utility of the relief sought.

Jurisdiction
Australia
Judgment Date
25 July 2000
Procedural Posture
Application for Leave to Amend Application for Order for Review / Interlocutory
Outcome
Leave to amend application granted.
Legal Topics
['leave to Amend Application' 'validity of Search Warrant' 'seizure of Property' 'standing']
['administrative Law' 'criminal Law' 'intellectual Property'] ['leave to Amend Application' 'validity of Search Warrant' 'seizure of Property' 'standing']

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Procedural Posture

Application for Leave to Amend Application for Order for Review / Interlocutory

Legal Issues

  1. 1 ['Whether applicant should be granted leave to amend the application for an order for review' 'Whether there is utility in granting the declaration sought regarding seizure of items under the search warrant' 'Whether applicant has standing to seek such declaration']

Ratio Decidendi

The applicant is granted leave to file an amended application for order for review, as there is no real utility in refusing it given the respondent does not claim prejudice and all evidence is closed, even though doubts exist regarding the applicant's standing and the utility of the relief sought.

Court Disposition

Leave to amend application granted.

Orders

  • ['The applicant be granted leave to file an amended application in the form filed in court.']