Fantakis v Commissioner of Police [2013] NSWSC 685

Supreme Court New South Wales

Medium Neutral Citation: Fantakis v Commissioner of Police [2013] NSWSC 685 Hearing dates: 30 May 2013 Decision date: 31 May 2013 Jurisdiction: Common Law Before: Adamson J Decision: (1) Dismiss the amended summons. (2) Order the plaintiff to pay the defendants' costs of the proceedings. Catchwords: ADMINISTRATIVE LAW-procedural fairness-opportunity given to make submissions

CRIMINAL LAW-return of seized property-nature of application

CRIMINAL LAW-search warrants-legality unaffected by non-service of seizure notice

EVIDENCE-public interest immunity- applies to evidence regarding current police investigations Legislation Cited: - Crimes (Appeal and Review) Act 2001, s 52 - Drug Misuse and Trafficking Act 1985, s 25(1) - Evidence Act 1995, s 130, s 130(4)(c) - Law Enforcement (Powers and Responsibilities) Act 2002, s 218, s 219 - Local Court Act 2007, s 70 - Supreme Court Act 1970, s 69 - Weapons Prohibition Act 1998, s 7(1) Cases Cited: - Commissioner of Police & anor v Bennett (1991) 9 Petty SR 4311 - Craig v South Australia [1995] HCA 58; 184 CLR 163 - Ghani v Jones [1970] 1 QB 693 - Gollan v Nugent [1988] HCA 59; 166 CLR 18 - Malone v Metropolitan Police Commissioner [1980] QB 49 - McQueen v Hawi [2008] NSWSC 136 - R v Elomar and Ors [No 11] [2009] NSWSC 385 - Tye v Commissioner of Police (1995) 84 A Crim R 147 Category: Principal judgment Parties: Elefterios Fantakis (Plaintiff) Commissioner of Police (First Defendant) Roxanne McGee (Second Defendant) Local Court of New South Wales (Third Defendant) Representation: Counsel: E Fantakis (self-represented) (Plaintiff) B Thomson (solicitor) (Defendant) Solicitors: Crown Solicitor New South Wales (Defendant) File Number(s): 2013/21369 Publication restriction: Nil Decision under appeal Date of Decision: 2012-12-10 00:00:00 Before: McGlynn LCM File Number(s): 2012/346138