Egglishaw v Australian Crime Commission [2007] FCA 939

FEDERAL COURT OF AUSTRALIA

Egglishaw v Australian Crime Commission [2007] FCA 939 PHILIP EGGLISHAW v AUSTRALIAN CRIME COMMISSION VID 1178 OF 2006

NORTH J

22 JUNE 2007

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1178 OF 2006

BETWEEN: PHILIP EGGLISHAW

Applicant

AND: AUSTRALIAN CRIME COMMISSION

Respondent

JUDGE: NORTH J DATE OF ORDER: 22 JUNE 2007

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The application filed on 27 October 2006 be dismissed. 2. The applicant pay the respondent's costs of the proceeding including the costs of the motion, notice of which was filed on 20 December 2006. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1178 OF 2006

BETWEEN: PHILIP EGGLISHAW

Applicant

AND: AUSTRALIAN CRIME COMMISSION

Respondent

JUDGE: NORTH J

DATE: 22 JUNE 2007

PLACE: MELBOURNE

REASONS FOR JUDGMENT 1 Before the Court is a motion, notice of which was filed by the Australian Crime Commission (ACC) on 20 December 2006. The motion seeks an order that the application brought by Philip Egglishaw on 27 October 2006, be dismissed pursuant to O 20 r 2 of the Federal Court Rules. 2 The central issue is whether Mr Egglishaw is estopped from pursuing his application by operation of the principle of Anshun estoppel. 3 The application states that it is brought under s 5 and s 6 of the Administrative Decisions (Judicial Review) Act 1977 (Cth) and s 39B of the Judiciary Act 1903 (Cth): …to review the decision of the Australian Crime Commission ("the ACC") dated 3 August 2006 to refuse a request by the Applicant dated 17 July 2006 to be provided with a copy of the Egglishaw hard drive pursuant to section 3N of the Crimes Act1914 (Cth) ("the Crimes Act"). 4 Section 3N of the Crimes Act 1914 (Cth) (Crimes Act) provides: (1) Subject to subsection (2), if a constable seizes, under a warrant relating to premises: (a) a document, film, computer file or other thing that can be readily copied; or (b) a storage device the information in which can be readily copied; the constable must, if requested to do so by the occupier of the premises or another person who apparently represents the occupier and who is present when the warrant is executed, give a copy of the thing or the information to that person as soon as practicable after the seizure. (2) Subsection (1) does not apply if: (a) the thing that has been seized was seized under subsection 3L(1A) or paragraph 3L(2)(b); or (b) possession by the occupier of the document, film, computer file, thing or information could constitute an offence.