Federal Court of Australia
CATCHWORDS
Administrative law - Validity of search warrant - Lack of
specificity
Crimes Act, 1914, s.10
R. v. Tillett (1969) 14 F.L.R. 101 - con.
RICHARD JAMES BREWER v. SHANE FRANCIS CASTLES,
BRETT JACKSON,
PATRICK QUINN, CARLO GRASER and JOHN
CHARLES LEVETT
No. G58 of 1984
Beaumont, J. (3 March, 1984. Sydney.
IN THE FEDERAL COURT OF AUSTRALIA )
NEW SOUTH WALES DISTRICT REGISTRY ) GENERAL DIVISION ) No. G58 of 1964 BETWEEN: RICHARD JAMES BREWER Applicant
i
SHANE FRANCIS CASTLES BRETT JACKSON
PATRICK QUINN
CARLO GRASER
JOHN CHARLES LEVETT
Respondents
ORDER
Judge making order: Beaumont, J. Date order made: 13 March, 1984. Where made: Sydney
THE COURT ORDERS THAT:
1. I refuse the declaration sought by the applicant
that the subject warrant is bad for lack of specificity.
2. Costs reserved.
3. Adjourn the further hearing of the proceeding until
22 March, 1984.
IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) GENERAL DIVISION ) Wo. G58 of 1984
BETWEEN: RICHARD JAMES BREWER
Applicant
AND: SHANE FRANCIS CASTLES — BRETT JACKSON PATRICK QUINN CARLO GRASER JOHN CHARLES LEVETT
Respondents
CORAM: Beaumont, Jd.
DATED: 13 March, 1984.
REASONS FOR JUDGMENT (No. 2)
In reasons for judgment dated 9 March, 1984, it was held that the Court had jurisdiction to deal with this proceeding. There has now been argued, as a separate question, the point whether, as the applicant contends, the warrant is too wide and therefore bad (see The Queen v.
Tillett (1969) 14 F.I.R. 101).
The warrant recites that the fifth respondent is
satisfied by information on oath that "there are reasonable
2.
grounds for suspecting that there are in ... the premises
-. things being the original of (sic) copies of (the documents specified) ... and other documents and instruments ell of which have been produced or held by, for, or in
respect of, Leonard Noel Briot and/or other persons namely:
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