NSW Caselaw
Reported Decision : 72 NSWLR 265
New South Wales Supreme Court
CITATION : Boumelhem v NSW Crime Commission & Ors [2008] NSWSC 815
HEARING DATE(S) : 11/12/07
JUDGMENT DATE : 12 August 2008
JURISDICTION : Common Law Division
JUDGMENT OF : Hidden J at 1
DECISION : Search warrants not invalid at date of issue.
CATCHWORDS : CRIMINAL INVESTIGATION - search warrants under NSW Crime Commission Act - investigation of alleged evasion of licence fees for distribution of tobacco products imposed by NSW legislation - legislation later declared unconstitutional - whether search warrants invalid
Business Franchise Licences (Tobacco) Act 1987 LEGISLATION CITED : New South Wales Crime Commission Act 1985 (ss6(1)(a), 3, 11(2)(a), (3) and (5)(a), 24, 25(1)(a)) Search Warrants Act 1985 Listening Devices Act 1984
Ha v State of New South Wales & Ors (1997) 189 CLR 465 CASES CITED : R v Eid (1999) 46 NSWLR 116 Peters v Attorney General (NSW) (1988) 16 NSWLR 24 South Australia v The Commonwealth (1942) 65 CLR 373
Amin Boumelhem (1st plaintiff) Leisure Coast Tobacconist & Giftware Pty Ltd (in liquidation) (2nd plaintiff) New South Wales Crime Commission (1st defendant) PARTIES : Michael Nibbs (2nd defendant) Richard Moore (3rd defendant) Robert East (4th defendant) State of New South Wales (5th defendant)
FILE NUMBER(S) : SC 20477/2002
COUNSEL : R Horsley (plaintiffs) I Temby QC and M Buscombe (2nd 4th 5th defendants)
V F Stanizzo Lawyers (plaintiffs) SOLICITORS : John Michael Giorgiutti (1st defendant) I V Knight Crown Solicitor (2nd 4th & 5th defendants)
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