Federal Court of Australia
CATCHWORDS
Administrative law - application for order of review of decision of magistrate authorising issue of search warrants - whether warrants invalid for lack of certainty - failure to describe offences in relation to which the warrants were issued - matters to be defined
with particularity in serach warrants.
Crimes Act 1914: ss. 10 and 70.
AUSTRALIAN BROADCASTING CORPORATION & CHRISTOPHER W. MASTERS v. PAUL
3. CLORAN, TONI-MICHELLE QO' BRYAN, PAUL DEAVES, MAURICE A. POLKINGHORNE
& JOHN JONES
G451 OF 1984 LOCKHART J.
21 DECEMBER 1984
IN THE FEDERAL COURT OF AUSTRALIA ) )
NEW SOUTH WALES DISTRICT REGISTRY ) No. G451 of 1984 ) )
GENERAL DIVISION BETWEEN ; AUSTRALIAN BROADCASTING CORPORATION
First Applicant
CHRISTOPHER WAYNE MASTERS Second Applicant
AND: PAUL STANISLAUS CLORAN First Respondent
TONI-MICHELLE 0' BRYAN Second Respondent
PAUL DEAVES Third Respondent
MAURICE APTHUR POLKINGHORNE Fourth Respondent
JOHN 7 NES Fifth Respondent
JUDGE MAKING ORDER: LOCKHART J.
WHERE MADE: SYDNEY
DATE OF ORDER: 21 DECEMBER 1984 ORDER
THE COURT ORDERS THAT:
1. Search warrants numbers 930 of 1984 and 512 of 1984 being
exhibits 1 and 2 in these proceedings be quashed.
The documents being a blue coloured personal diary anda journalist's notebook marked "Dr E." seized on 14 December 1984 from the premises no. 64 Westbrook Avenue, East Wahroongqa, occupied by the applicant, Christopher Wayne Masters. be delivered up on or before Monday 24 December 1984 to the District Registrar of the New South Wales District Registry to this Court. or his nominee in the event of the District Reqistrar being unavailable. to abide the further
order of the Court.
The costs of the applicant of the hearing on Wednesday 13 December 1984 and today be paid by the second. third and
fifth respondents.
The application stands adiourned to 15 February 1985 with liberty to anv party to restore in the meantime on two days
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