Douglas v Blackler [2001] NSWSC 901

New South Wales Supreme Court

CITATION : Douglas v Blackler [2001] NSWSC 901 revised - 17/10/2001 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 11161/01 HEARING DATE(S) : 24/09/01 JUDGMENT DATE : 16 October 2001

PARTIES : Vanessa Ruth DOUGLAS v Ann Maree BLACKLER JUDGMENT OF : Taylor AJ at 1

COUNSEL : P. Lakatos - Plaintiff P. Saidi - Defendant SOLICITORS : Redfern Legal Centre - Plaintiff Michael Holmes, Solicitor for New South Wales Police Service CATCHWORDS : Legality of Search Warrant. LEGISLATION CITED : Search Warrants Act 1985 Search Warrants Regulation 1999 Dover v Ridge SC (NSW) Dunford J 3/7/98 George v Rockett (1990) 170 CLR 104 at 110-111 CASES CITED : Carrol & Ors v Mijoivch & Ors (1991) 25 NSWLR 441 Warner v Elder (SC NSW) 23/4/97, unreported, BC9702433 Carver v Clerk of Blacktown Local Court (SC NSW), 13/3/98, unreported BC9805275. Commissioner of Police v Atkinson (1991) 23 NSWLR 495 DECISION : A declaration that the Search Warrant No. 258/97 granted by the Second Defendant on 14 June 1997 is invalid and of no effect.; An order that the Search Warrant No. 258/97 granted by the Second Defendant on 14 June 1997, be quashed.

THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

TAYLOR A J

16 OCTOBER 2001

11161 of 2001

VANESSA RUTH DOUGLAS v ANNE MAREE BLACKLER & B. COADY JUDGMENT 1 HIS HONOUR: On 14 June 1997 the second defendant, an authorised justice, on the application of the first defendant, granted a search warrant. By a Summons, filed 23 April 2001, the plaintiff seeks a declaration that the warrant is invalid and an order that it be quashed. The plaintiff also seeks a declaration that the execution of the search warrant was unlawful. The authorised justice has filed a submitting appearance.