Corbett & Anor v State of New South Wales [2006] NSWCA 138

New South Wales Court of Appeal

CITATION: Corbett & Anor v State of New South Wales [2006] NSWCA 138 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 12 May 2006

JUDGMENT DATE: 13 June 2006

JUDGMENT OF: Giles JA at 1; McColl JA at 117; Gzell J at 118

DECISION: (1) Grant leave to appeal and direct the filing of a notice of appeal within seven days; (2) Appeal allowed; (3) Set aside the verdict and judgment for the defendant and the order for costs and in lieu thereof verdict and judgment for the plaintiffs for damages to be assessed; (4) Remit the proceedings to the District Court for a new trial as to damages; (5) Costs of the proceedings in the District Court thus far to be in the discretion of the judge hearing the new trial; (6) Respondent to pay the appellants' costs of the application for leave to appeal and the appeal.

CATCHWORDS: Police search under authority of search warrant - claimed trespass because warrant invalid - submitted invalid because application for warrant did not describe a particular offence with which the firearms to be searched for were connected - described offence under Firearms Act 1989 - repealed and replaced by Firearms Act 1996 - similar offence under each statute - whether within savings clause in 1996 Act - whether substantial compliance with prescribed form - whether affected substance of warrant in a material particular - held went to belief of reasonable grounds asserted by applicant and warrant invalid - submitted invalid because appellant did not have reasonable grounds for asserted belief - held had reasonable grounds - submitted invalid because warrant failed to state offence in relation to which search was authorised - required to be in prescribed form - form did not require statement of offence - single judge decisions that nonetheless invalid - decisions incorrect - held not invalid.