Commissioner of Police, NSW Police Force v Harrow Legal Pty Ltd [2024] NSWSC 88

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of Police, NSW Police Force v Harrow Legal Pty Ltd [2024] NSWSC 88 Hearing dates: 13 February 2024 Date of orders: 13 February 2024 Decision date: 13 February 2024 Jurisdiction: Common Law Before: Davies J Decision: Pursuant to the Court's inherent and implied powers, and/or in the alternative, pursuant to s 23 of the Supreme Court Act 1970 (NSW): Registrar of the Supreme Court 1. The Court directs the Registrar to release the material in sub-paragraphs (a) and (b) below to the principal of Harrow Legal Pty Ltd or their agent: a. Three archive boxes of hard copy files comprising of fifteen original client files and one photocopied file, deposited in the Registry on 15 December 2017 pursuant to orders made by Fullerton J on 30 November 2017 in proceedings 2017/346596; and b. Two computer hard drives prepared by LEAP Legal Software Pty Ltd (LEAP) containing Thomas Booler Lawyer's electronic records on the LEAP system deposited in the Registry on 20 December 2017 pursuant to orders made by Fullerton J on 30 November 2017 in proceedings 2017/346596; 2. The Principal of Harrow Legal Pty Ltd may authorise an employee or agent to attend and collect the items in 1(a) and (b) from the Registry of the Supreme Court by providing a signed letter to the Registrar identifying the name, date of birth, address, driver licence number and email address of the employee or agent who has been engaged and authorised; 3. The employee or agent of the Principal of Harrow Legal Pty Ltd is required to provide photographic identification to the Registrar to establish and record their identity prior to the release of the items in 1(a) and (b); Commissioner of Police 4. The Court orders the Commissioner of Police, to the extent an order is necessary, to release the documents seized by members of NSWPF during execution of search warrants 631/2017, 632/2017 and 633/2017, not already returned and save for those documents which are subject to separate application to the Local Court of NSW; 5. The Principal of Harrow Legal Pty Ltd may authorise an employee or agent to collect the items described in order 4 above from a police officer by providing a signed letter to the Commissioner of Police identifying the name, date of birth, address, driver licence number and email address of the employee or agent who has been engaged and authorised; 6. The employee or agent of the Principal of Harrow Legal Pty Ltd is required to provide photographic identification to the police officer to establish and record their identity prior to the release of the items in 4; 7. The Court orders the Commissioner of Police to dispose of the copies of the items held by her solicitor which was accessed and used for the purpose of, or created as a result of, the client legal privilege review: a. Copies of the material set out items in 1(a) and (b); b. Image of 1 x Apple iPhone A1524 (which was identified as police exhibit X0002448752); c. Image of 1 x white Apple iPhone A1387 (which was identified as police exhibit X0002448753); d. Image of black Apple iPhone A1429 (which was identified as police exhibit X0002448755); e. Image of black Apple iPhone in black case property of Marcel Joukhador (police exhibit X0002184886); and 8. The Court orders the Commissioner of Police to dispose of the image of the following items held on portable hard drive X0002183172: a. Image of 1 x Apple iPhone A1524 (which was identified as police exhibit X0002448752); b. Image of 1 x white Apple iPhone A1387 (which was identified as police exhibit X0002448753); c. Image of black Apple iPhone A1429 (which was identified as police exhibit X0002448755); 9. The Court orders the Commissioner of Police to dispose of the image of black Apple iPhone in black case property of Marcel Joukhador (police exhibit X0002184886) created for the purposes of providing her solicitors with police exhibit X0002184886; 10. The Court orders the Commissioner of Police to dispose of 1 x Verbatim USB containing results from 18_0859 Created by DFU (X0003762799). 11. Each party bear their own costs. Catchwords: CRIMINAL PROCEDURE – warrants – documents seized pursuant to execution of warrants – copies in custody of Court – where investigations regarding criminal behaviour complete – return of documents to persons legally entitled – where Commissioner has no power under Law Enforcement (Powers and Responsibilities) Act – orders made Legislation Cited: Crimes Act 1900 (NSW) ss 93TG, 192E Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) ss 216, 218, 219 Supreme Court Act 1970 (NSW) s 23 Cases Cited: Joukhador v Commissioner of Police [2020] NSWSC 227 R v Joukhador [2019] NSWSC 112 Texts Cited: Nil Category: Procedural rulings Parties: Commissioner of Police, NSW Police Force (Plaintiff) Harrow Legal Pty Ltd (First Defendant) Marcel Joukhador (Second Defendant) Representation: Counsel: R Coffey (Plaintiff) Mentioned by R Coffey (First Defendant) Mentioned by R Coffey (Second Defendant)