Federal Court of Australia
JUDGMENT No. 02°97 De,
CATCHWORDS
SEARCH WARRANTS - search warrants issued under s10(1) of Crimes Act - whether warrants were bad because they were excessively broad and uncertain or disclosed no offence known to law or there was a failure to disclosure material facts - whether duty on part of informant to disclose material facts to justice issuing warrants
Crimes Act 1914 (Cth), ss10(1), 29D Income Tax Assessment Act 1936 (Cth), ss6(1), 161(1)
George v_ Rockett (1990) 170 CLR 104, applied
Lego Australia Pty Ltd v Paraggio (1994) 124 ALR 225, considered
Televantos _v. The Commonwealth of Australia (unreported, 28 April 1993, Full Federal Court), considered
PETER ERIC DUNESKY and BAY WOOL PTY LTD v WENDY ELDER and ORS No. G231 of 1994 BRIAN EDNEY v WENDY ELDER and ORS
No. G239 of 1994
Coram: Black CJ, Lockhart, Beaumont, Hill and Lindgren JJ Place: Sydney
Date: 20 December 1994
22 DEC 1994
FEDERAL COURT OF AUSTRALIA
PRINCIPAL REGISTRY
IN THE FEDERAL COURT OF AUSTRALIA
NEW _ SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
No. G231 of 1994
BETWEEN:
AND:
No. G239 of 1994
CORAM:
WHERE _ MADE :
DATE:
BETWEEN:
AND:
PETER ERIC DUNESKY First appellant
BAY WOOL PTY LIMITED Second appellant
WENDY ELDER First respondent
SERGEANT DAVID KING Third respondent
DETECTIVE CONSTABLE RUSSELL DEAN MCRAE Fourth respondent
BRIAN EDNEY Appellant
WENDY ELDER First respondent
SERGEANT DAVID KING Third respondent
DETECTIVE CONSTABLE RUSSELL DEAN MCRAE Fourth respondent
Black CJ, Lockhart, Beaumont, Hill and
Lindgren JJ.
Sydney
20 December 1994
MINUTE OF ORDERS
THE COURT ORDERS THAT:
1. The appeals be dismissed. 2. The appellants pay the respondents costs of the appeals.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
oe,
FEDERAL COURT OF AUSTRALIA ) No. G231 of 1994 NEW SOUTH WALES DISTRICT REGISTRY ) No. G239 of 1994
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