NSW Caselaw
New South Wales Supreme Court
CITATION : Ange v Kraus [2008] NSWSC 86 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 29 November 2007
JUDGMENT DATE : 15 February 2008
JUDGMENT OF : Fullerton J
DECISION : (1) The relief sought by summons is refused. (2) The first and second plaintiffs are to pay the first defendant's costs.
CATCHWORDS : Search warrants - Validity - Night warrants - Validity of seizure - Summons under s 56(2) of the Classification (Publications, Films and Computer Games) Enforcement Act 1995 - Forfeiture - Obligation to report
Classification (Publications, Films and Computer Games) Enforcement Act 1995 LEGISLATION CITED : Law Enforcement (Powers and Responsibilities) Act 2002 Search Warrants Act 1985
CASES CITED : Ballis v Randall [2007] NSWSC 422 Way Out West Adult Shop Pty Ltd v Senior Constable Phillip Kraus & Ors [2008] NSWSC 87
Mimi Ange (First plaintiff) Con Ange (Second plaintiff) PARTIES : Kevin Monaghan (Third plaintiff) Senior Constable Philip Kraus (First defendant) Peter Shiels (Second defendant) Ian McRae LCM (Third defendant)
FILE NUMBER(S) : SC SC 2007/30036
COUNSEL : G Thomas (Plaintiffs) G Craddock SC (First defendant)
SOLICITORS : Malcolm McDonald and Co (Plaintiffs) Crown Solicitor's Office (Defendants)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION ADMINISTRATIVE LAW LIST
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