NSW Caselaw
New South Wales Supreme Court
CITATION : McQUEEN v HAWI & ANOR [2008] NSWSC 136 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 15 February 2008 JURISDICTION : Common Law
JUDGMENT OF : Adams J at 1
EX TEMPORE JUDGMENT DATE : 15 February 2008
1. The amended summons be dismissed. 2. The sandshoes described in the amended summons be returned to the defendant by or on 27 February 2008 at the address of his lawyers, Randle Lawyers. DECISION : 3. In the event the plaintiff lodges an appeal from this decision by or on 22 February 2008, Order 2 is stayed pending the determination of the appeal. 4. The plaintiff to pay the defendant's costs. 5. Liberty to apply on three days' notice
CATCHWORDS : Search warrant - seized items - no specific investigation underway - whether sufficient reason to retain.
LEGISLATION CITED : Law Enforcement (Powers and Responsibilities) Act 2002 s 219 Supreme Court Act 1970 s 69
CATEGORY : Principal judgment
Matthew Simon McQUEEN (Plaintiff) PARTIES : Mahmoud HAWI (First defendant) Her Honour Magistrate Quinn (Second defendant)
FILE NUMBER(S) : SC 2007/15702
COUNSEL : Ms K Richardson (Plaintiff) Mr J Korn (Defendant)
SOLICITORS : I V Knight, Crown Solicitor (Plaintiff) Randle Lawyers (Defendant)
LOWER COURT JURISDICTION : Local Court
LOWER COURT JUDICIAL OFFICER : Quinn LCM
LOWER COURT DATE OF DECISION : 8 & 9 November 2007
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