NSW Caselaw
Reported Decision : (2000) 48 NSWLR 623 (2000) 175 ALR 113
New South Wales Court of Appeal
CITATION : Cassaniti v Croucher & Ors [2000] NSWCA 95 FILE NUMBER(S) : CA 40383/99 HEARING DATE(S) : 27 March 2000 JUDGMENT DATE : 3 May 2000
Sam Peter Cassaniti (Claimant) Robert Ian Croucher (First Opponent) PARTIES : Peter Kepreotis (Second Opponent) Commissioner of Police (Third Opponent) State of New South Wales (Fourth Opponent) JUDGMENT OF : Mason P at 1; Heydon JA at 19; Foster AJA at 78
LOWER COURT JURISDICTION : Supreme Court LOWER COURT 30123/96 FILE NUMBER(S) : LOWER COURT Dunford J JUDICIAL OFFICER :
COUNSEL : M Thangaraj (Claimant) D Cowan (1st, 3rd and 4th Opponents) SOLICITORS : Mark Rumore (Claimant) I V Knight, NSW Crown Solicitor (1st, 2nd, 3rd and 4th Opponents) - 2nd Opponent submitting appearance CATCHWORDS : VALIDITY OF SEARCH WARRANT - Requirement that Application for a search warrant specify the grounds upon which the warrant is sought - Search Warrants Act 1985 (NSW) ss 5, 11, 12A and 23 - Search Warrants Act 1985 - Regulation 1994 (NSW) Form 1 - Defect affecting the substance of a search warrant in a material particular - Strict legislative compliance in the issue of search warrants required to safeguard individual privacy - D Search Warrants Act 1985 (NSW) LEGISLATION CITED : Search Warrants Regulation 1994 Interpretation Act 1987 Trade Practices Act 1974 (Cth) Liversidge v Anderson [1942] AC 206 W A Pines Pty Ltd v Bannerman (1980) 41 FLR 175 Bartlett v Weir (1994) 72 A Crim R 511 George v Rockett (1990) 170 CLR 104 CASES CITED: Carroll v Mijovich (1991) 25 NSWLR 441 Haynes v Attorney-General of New South Wales (unreported, 9 February 1996, James J) Parker v Churchill (1985) 9 FCR 316 R v Tillett; ex parte Newton (1969) 14 FLR 101 Carpenter v Carpenter Grazing Co Pty Ltd (1987) 5 ACLC 506 DECISION : 1. Grant leave to appeal. 2. Appeal upheld. 3. Declare that the search warrant issued to the first defendant on 1 November 1996 in relation to Suite 1, 106 Moore Street, Liverpool was invalid. 4. Remit Summons to the Common Law Division for hearing as to damages. 5. Respondent to pay appellant's costs of the appeal and of the proceedings in the Court below.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate