NSW Caselaw
New South Wales Supreme Court
CITATION : Microwave Safety Systems Pty Ltd v Commissioner for Fair Trading, Department of Commerce [2008] NSWSC 37
HEARING DATE(S) : 2-5 October, 5 November 2007
JUDGMENT DATE : 5 February 2008
JUDGMENT OF : Harrison J
DECISION : Declare that the warrant issued by the second defendant on 17 April 2007 and executed by the first defendant on 19 April 2007 at Croydon is invalid.
CATCHWORDS : SEARCH WARRANT – validity – whether investigator had belief on reasonable grounds that there was evidence of a breach of a provision of the Fair Trading Act 1987 – facts material to decision to issue or to decline to issue warrant – whether disclosure in application for warrant of reasonable grounds for a belief as to contravention – invalid issue of warrant.
LEGISLATION CITED : Fair Trading Act 1987 Law Enforcement (Powers and Responsibilities) Act 2002
CATEGORY : Principal judgment
Ballis v Randall [2007] NSWSC 422 Bartlett v Weir [1994] FCA 1143; (1994) 72 A Crim R 511 Beneficial Finance Corporation v Commissioner of Australian Federal Police [1991] FCA 92; (1991) 31 FCR 523 Bradrose Pty Ltd v Commissioner of Police; Ex parte Bradrose Pty Ltd [1989] Qd R 304 Chong v Schultz [2000] FCA 582; (2000) 112 A Crim R 59 Commissioner for Fair Trading v Microwave Safe Australia Pty Ltd and Another [2006] NSWSC 287 Commissioner of Police v Barbaro [2001] NSWCA 57; (2001) 51 NSWLR 419 Coward v Allen [1984] FCA 53; (1984) 52 ALR 320 Dunesky v Elder [1994] FCA 1006; (1994) 54 FCR 540 CASES CITED : George v Rockett [1990] HCA 26; (1990) 170 CLR 104 Karina Fisheries Pty Ltd v Mitson [1990] FCA 154; (1990) 26 FCR 473 Lego Australia Pty Ltd v Paraggio [1994] FCA 1286; (1994) 52 FCR 542 Ousley v The Queen [1997] HCA 49; (1997) 192 CLR 69 Parker v Churchill [1986] FCA 88; (1986) 9 FCR 334 R v Curran [1983] 2 VR 133 R v Tillett (1969) 14 FLR 101 State of New South Wales v Corbett [2007] HCA 32 Williams v Keelty [2001] FCA 1301; (2001) 111 FCR 175 Wright v Queensland Police Service [2002] QSC 46; [2002] 2 Qd R 667
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