Flack, Margaret Elizabeth v Chairperson, National Crime Authority & Anor [1997] FCA 1331

FEDERAL COURT OF AUSTRALIA TORT - Conversion - goods not the property of the applicant seized pursuant to search warrant from premises occupied by applicant - whether applicant had possessory title to recover goods from National Crime Authority where no longer needed for its purposes - whether knowledge of existence of goods prior to execution of search warrant necessary to establish possessory title - nature of possession considered - ability of owner/occupier to exercise control over premises and contents to be inferred where premises are dwelling house. Administrative Decisions (Judicial Review) Act 1977 Judiciary Act 1903, s 39B National Crime Authority Act 1984, s 57 Jurisdiction of Courts (Cross Vesting) Act 1987, s 4(2) Proceeds of Crime Act 1987, s 82 Dunesky v Elder (1996) 54 FCR 540, distinguished Penfolds Wines Pty Ltd v Elliott (1946) 74 CLR 204, referred to South Staffordshire Water Company v Sharman [1896] 2 QB 44, considered Russell v Wilson (1923) 33 CLR 538, applied Howe v Teefy (1927) 27 SR (NSW) 301, applied Bridges v Hawkesworth (1851) 21 LJ (QB) 75, referred to Parker v British Airways Board [1982] 2 WLR 503, considered and applied Willey v Synan (1936-7) 57 CLR 200, considered MARGARET ELIZABETH FLACK v CHAIRPERSON, NATIONAL CRIME AUTHORITY & ANOR NG114 of 1997 HILL J 26 NOVEMBER 1997 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY NG114 of 1997

BETWEEN: Margaret Elizabeth Flack

Applicant

AND: Chairperson, National Crime Authority

AND: First Respondent

The Commonwealth of Australia

Second Respondent

JUDGE: HILL J DATE OF ORDER: 26 NOVEMBER 1997 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The second respondent deliver up to the applicant the briefcase seized pursuant to a search warrant on 13 April 1994 together with the contents thereof, namely the sum of $433,000. 2 The motion filed on 12 December 1996 be dismissed. 3. The respondents pay the applicant's cost of the application, including reserved costs and the costs of the motion filed on 12 December 1996. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.