Harland v Murphy [2022] NSWSC 1376

Supreme Court New South Wales

Medium Neutral Citation: Harland v Murphy [2022] NSWSC 1376 Hearing dates: 3, 22 March, 26-27 April 2022 Date of orders: 12 October 2022 Decision date: 12 October 2022 Jurisdiction: Common Law Before: N Adams J Decision: (1) Grant an extension of time to the plaintiff to commence proceedings under r 59.10(2) of the Uniform Civil Procedure Rules 2005. (2) Declare that search warrant number 81 of 2019 issued on 8 April 2019 at Blacktown Local Court is invalid. (3) The decision by Adele Andrews, Registrar at Blacktown Local Court, to issue search warrant number 81 of 2019 on 8 April 2019 is quashed. (4) The first defendant is to pay to the plaintiff's costs of these proceedings on an ordinary basis. Catchwords: ADMINISTRATIVE LAW – police powers – search warrant – whether invalid – where police attended plaintiff's residence in response to his triple-0 calls of threatened violence by neighbour – police shown notes on computer – APVO application made by plaintiff – search warrant executed on plaintiff's premises to seize computer and hardware – searchable offence nominated as Crimes Act s 314 – whether applicant had reasonable grounds under LEPRA s 47 – whether Local Court Registrar had reasonable grounds under LEPRA s 48 – other particulars of invalidity under LEPRA s 62(3) – where Registrar appeared to indicate less than one minute spent considering search warrant application – applicant did not have reasonable grounds – search warrant declared invalid and its issue quashed Legislation Cited: Crimes Act 1900 (NSW), ss 314, 319, 326, 547B Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 49A Criminal Procedure Act 1986 (NSW), s 179 Evidence Act 1995 (NSW), s 138 Law Enforcement (Police Responsibilities) Act 2002 (NSW), Pt 5 Law Enforcement (Powers and Responsibilities) Regulation 2016 (NSW) Supreme Court Act 1970 (NSW), ss 69, 75 Uniform Civil Procedure Rules 2005 (NSW), r 59.10 Cases Cited: Baker v Campbell (1983) 153 CLR 52; [1983] HCA 39 Beneficial Finance Corporation v Commissioner of Australian Federal Police (1991) 31 FCR 523; [1991] FCA 92 Briginshaw v Briginshaw (1938) 60 CLR 336 Caratti v Commissioner of the Australian Federal Police [2017] FCAFC 177 Carrol & Ors v Mijoivch & Ors (1991) 25 NSWLR 441 Corbett & Anor v State of New South Wales [2006] NSWCA 138 Doyle v Commissioner of Police [2020] NSWCA 11; 285 A Crim R 349 Dyason v Butterworth [2015] NSWCA 52 George v Rockett (1990) 170 CLR 104; [1990] HCA 26 Lee v NSW Commissioner of Police (No.3) [2019] NSWSC 694 Neeta (Epping) Pty Ltd v Phillips (1974) 131 CLR 286 Parker v Churchill (1985) 9 FCR 316 Polley v Johnson [2015] NSWCA 256 Rohozynsky v Holder & ors. [2005] NSWSC 868 Smethurst v Commissioner of Police (Cth) [2020] HCA 14 State of New South Wales v Corbett (2017) 230 CLR 606; [2007] HCA 32 Vincent v Randall & Anor [1999] NSWSC 833 Category: Principal judgment Parties: Gregory Harland (Plaintiff) Senior Constable Ashlea Murphy (First Defendant) Adele Andrews, Registrar, Blacktown Local Court (Second Defendant) Representation: Counsel: Mr P Skinner (Plaintiff) Ms D New (First Defendant)