Microwave Safety Systems Pty Ltd v Commissioner for Fair Trading, Department of Commerce [2008] NSWSC 37

Microwave Safety Systems Pty Ltd v Commissioner for Fair Trading, Department of Commerce [2008] NSWSC 37

The warrant was invalid because the investigator could not have held a belief on reasonable grounds that evidence of a contravention of the Fair Trading Act 1987 would be found at the premises. The MORLL document had never been on the plaintiff's website; the website did not contain the alleged statements about employers' duty of care or Australian Standards requiring workplace microwave testing beyond retail approval testing; the Fact Sheet could not reasonably be construed as representing sponsorship, approval or affiliation; the letters to the New South Wales Medical Board and Fair Trading Renting Services did not make false or misleading representations concerning the need for goods...

Jurisdiction
Australia
Judgment Date
05 February 2008
Procedural Posture
Proceedings Challenging the Validity of a Search Warrant Issued Under the Fair Trading Act 1987 / Principal Judgment on Liability
Outcome
Warrant declared invalid.
Legal Topics
['validity of Search Warrant' 'reasonable Grounds for Belief' 'false Representations Under the Fair Trading Act 1987' 'disclosure to Issuing Officer' 'misrepresentation in Warrant Application' 'breadth of Warrant']
['administrative Law' 'consumer Protection' 'search Warrants'] ['validity of Search Warrant' 'reasonable Grounds for Belief' 'false Representations Under the Fair Trading Act 1987' 'disclosure to Issuing Officer' 'misrepresentation in Warrant Application' 'breadth of Warrant']

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Procedural Posture

Proceedings Challenging the Validity of a Search Warrant Issued Under the Fair Trading Act 1987 / Principal Judgment on Liability

Legal Issues

  1. 1 ['Whether the investigator believed on reasonable grounds that there was evidence of a contravention of a provision of the Fair Trading Act 1987 at the premises.' 'Whether the application for the warrant disclosed reasonable grounds for alleged contraventions of ss 44(f) and 44(j) of the Fair Trading Act 1987.' "Whether the MORLL document appeared on the plaintiff's website between 12 January 2007 and 17 April 2007." 'Whether the plaintiff was incorrectly or misleadingly described as uncooperative in the warrant application.' 'Whether the warrant was too broad or insufficiently specific in identifying the object of the search.']

Ratio Decidendi

The warrant was invalid because the investigator could not have held a belief on reasonable grounds that evidence of a contravention of the Fair Trading Act 1987 would be found at the premises. The MORLL document had never been on the plaintiff's website; the website did not contain the alleged statements about employers' duty of care or Australian Standards requiring workplace microwave testing beyond retail approval testing; the Fact Sheet could not reasonably be construed as representing sponsorship, approval or affiliation; the letters to the New South Wales Medical Board and Fair Trading Renting Services did not make false or misleading representations concerning the need for goods...

Court Disposition

Warrant declared invalid.

Orders

  • ['Declare that the warrant issued by the second defendant on 17 April 2007 and executed by the first defendant on 19 April 2007 at 2 Cromwell St, Croydon is invalid.' 'The Court will hear the parties on further or other orders, including costs, and on directions for the further conduct of the proceedings.']