Ryder, W. & Ors v. Morley, T.R. & Ors [1986] FCA 613

Ryder, W. & Ors v. Morley, T.R. & Ors [1986] FCA 613

A member of the Australian Federal Police seconded to the National Crime Authority retains constable status and can lawfully apply for and obtain search warrants under s.10 of the Crimes Act 1914. The warrant in issue, despite referencing an outdated statutory provision and being drafted in broad terms, sufficiently described the offence and documents sought when read as a whole, and thus was not invalid on its face.

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
12 December 1986
Procedural Posture
Application / Reasons for Judgment Following Hearing
Outcome
Arguments of the applicants were rejected on the issues decided; application not dismissed at this stage pending further hearing on a reserved ground.
Legal Topics
Search Warrants, Validity of Warrants, Statutory Interpretation
Administrative Law Criminal Law Search Warrants Validity of Warrants Statutory Interpretation

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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

Application / Reasons for Judgment Following Hearing

Legal Issues

  1. 1 Whether a search warrant issued under s.10 of the Crimes Act 1914 to a constable seconded to the National Crime Authority is invalid for failing to comply with the provisions of the National Crime Authority Act 1984
  2. 2 Whether the description of documents and identification of the offence in the warrant were sufficiently particularised
  3. 3 Whether the warrant was bad on its face due to reference to an incorrect statutory section

Ratio Decidendi

A member of the Australian Federal Police seconded to the National Crime Authority retains constable status and can lawfully apply for and obtain search warrants under s.10 of the Crimes Act 1914. The warrant in issue, despite referencing an outdated statutory provision and being drafted in broad terms, sufficiently described the offence and documents sought when read as a whole, and thus was not invalid on its face.

Court Disposition

Arguments of the applicants were rejected on the issues decided; application not dismissed at this stage pending further hearing on a reserved ground.