Federal Court of Australia
al
JUDGMENT No. tn
CATCHWORDS
ADMINISTRATIVE LAW - judicial review - decision of justice to issue search warrant under Crimes Act (Cth), s.10(1) - whether reviewable error.
CRIMINAL LAW AND PROCEDURE - search warrants - issue of search warrant under Crimes Act, s.10(1) - issue to officer of Australian Federal Police seconded to National Crime Authority - whether officer a "constable" within the meaning of s.10(1) - whether warrant may issue under s.10(1) to a member of the staff of the National Crime Authority.
CRIMINAL LAW AND PROCEDURE - search warrants - construction -
books and records authorised to be seized - whether sufficiently identified.
DISCOVERY AND INTERROGATORIES - Federal Court - judicial review proceedings - decision of justice, if satisfied by information on oath, to issue search warrant - allegedly no evidence to support decision - some information on oath allegedly supplied to justice orally - whether discovery and interrogatories appropriate.
Crimes Act 1914, s.10(1)
National Crime Authority Act 1984, ss.11, 12(1), 12(4), 22, 47(1), 48, 49, 51(1), 51(¢2)
Australian Federal Police Act 1979, ss.8(1), 33(6), 33(7)
WAYNE RYDER & ORS. v. THEODORE RICHARD MORLEY & ORS. NO. WAG 12 OF 1987
CORAM: FOX, JENKINSON AND WILCOX Jd. 9 SEPTEMBER 1987
PERTH
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IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA
DISTRICT REGISTRY
GENERAL DIVISION
) ) ) No. WAG 12 of 1987 ) ) ) )
ON APPEAL from a single judge of the Federal Court of
Australia
BETWEEN:
WAYNE RYDER, EVELYN AMY RYDER,
W. RYDER & CO., THOR NICKEL EXPLORATION PTY. LTD., FRANCO AUSTRAL EXPLORATION PTY. LTD., RAFFINDALE PTY. LTD. and TAKSAN PTY. LTD.
Appellants AND:
THEODORE RICHARD MORLEY
First Respondent AND:
JANES KENNETH MCLAREN
Second Respondent AND:
NATIONAL CRIME AUTHORITY
Third Respondent
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