Ryder, Wayne & Ors v Morley, Theodore Richard & ors [1987] FCA 18

Ryder, Wayne & Ors v Morley, Theodore Richard & ors [1987] FCA 18

The applicants' motion for discovery and interrogatories was dismissed because, on the available material, there was no suggestion of dishonesty or bad faith, the warrant was valid on its face, and seeking discovery or interrogatories would amount to an impermissible fishing expedition into protected material relating to ongoing criminal investigations.

Parties
Applicant: Wayne Ryder; Applicant: Evelyn Amy Ryder; Applicant: W. Ryder & Co.; Applicant: Thor Nickel Exploration Pty. Ltd.; Applicant: Franco Austral Exploration Pty. Ltd.; Applicant: Raffindale Pty. Ltd.; Applicant: Taksan Pty. Ltd.; First Respondent: Theodore Richard Morley; Second Respondent: James Kenneth McLaren; Third Respondent: National Crime Authority
Jurisdiction
Australia
Judgment Date
19 January 1987
Procedural Posture
Judicial Review Application / Interlocutory Motion for Discovery and Interrogatories
Outcome
Motion dismissed with costs
Legal Topics
Discovery, Search Warrants, Public Interest Immunity, Administrative Decisions (judicial Review) Act, Interlocutory Procedures
Administrative Law Criminal Law Judicial Review Discovery Search Warrants Public Interest Immunity Administrative Decisions (judicial Review) Act Interlocutory Procedures

Case Brief

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Parties

Wayne Ryder

Applicant

Evelyn Amy Ryder

Applicant

W. Ryder & Co.

Applicant

Thor Nickel Exploration Pty. Ltd.

Applicant

Franco Austral Exploration Pty. Ltd.

Applicant

Raffindale Pty. Ltd.

Applicant

Taksan Pty. Ltd.

Applicant

Theodore Richard Morley

First Respondent

James Kenneth McLaren

Second Respondent

National Crime Authority

Third Respondent

Procedural Posture

Judicial Review Application / Interlocutory Motion for Discovery and Interrogatories

Legal Issues

  1. 1 Whether the issue of a search warrant is a decision to which the Administrative Decisions (Judicial Review) Act 1977 applies
  2. 2 Whether the applicants are entitled to discovery and/or leave to administer interrogatories relating to the issue of a search warrant that is valid on its face
  3. 3 Whether interlocutory procedures such as discovery or interrogatories constitute 'fishing' in this context

Ratio Decidendi

The applicants' motion for discovery and interrogatories was dismissed because, on the available material, there was no suggestion of dishonesty or bad faith, the warrant was valid on its face, and seeking discovery or interrogatories would amount to an impermissible fishing expedition into protected material relating to ongoing criminal investigations.

Court Disposition

Motion dismissed with costs

Orders

  • The applicants' notice of motion filed 17 December 1986 is dismissed with costs.