NSW Caselaw
Reported Decision : 180 A Crim R 154
New South Wales Supreme Court
CITATION : Kaldon Karout v Constable Mathew Stratton & Ors [2007] NSWSC 1034 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 28 June 2007, 20 August 2007
JUDGMENT DATE : 13 September 2007
JUDGMENT OF : Fullerton J
DECISION : 1. The plaintiff's summons is dismissed.; 2. The plaintiff is to pay the defendant's costs of the summons.
CATCHWORDS : Search warrants - Validity - Announcement before entry - Delay and impropriety - Extension of warrant - Application for fresh warrant - Telephone warrant - Night warrant - Disclosure of information - Consent - Occupier's notice
Crimes Act 1900 LEGISLATION CITED : Customs Act 1901 (Cth) Law Enforcement (Powers and Responsibilities) Act 2002 Search Warrants Act 1985
Ballis v Randall [2007] NSWSC 422 Black v Breen & Anor [2000] NSWSC 987 Carroll & Ors v Mijovich & Ors (1991) 25 NSWLR 441 CASES CITED : DPP v Leonard (2001) 127 A Crim R 381 Huseyin v Container Terminals Australia Ltd [2006] NSWCA 382 MWJ v R (2005) 222 ALR 436 Pearce v Button (1985) 60 ALR 537 State of New South Wales v Corbett [2007] HCA 32
Kaldon Karout (Plaintiff) PARTIES : Constable Mathew Stratton (First Defendant) James Wiseman (Second Defendant) Rory Evans (Third Defendant)
FILE NUMBER(S) : SC 2006/13347
COUNSEL : G Thomas (Plaintiff) P Skinner/K Guilfoyle (Defendant)
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