NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Fantakis v NSW Commissioner of Police & Ors [2013] NSWSC 1333 Hearing dates: 26 July 2013 Decision date: 17 September 2013 Before: Price J Decision: 1. The summons is dismissed. 2. The plaintiff is to pay the defendants' costs of the proceedings. Catchwords: APPEAL FROM LOCAL COURT - Appeal against orders by magistrate that non-intimate forensic procedures be carried out - whether plaintiff denied procedural fairness. Legislation Cited: Crimes (Appeal and Review) Act 2001 s 52(1), s 53 Crimes (Forensic Procedure) Act 2000 s 3, s 24(1), s 24(3), s 24(4), s 26, s 30(6)(a), s 115A(1), s 115A(3) Drug Misuse and Trafficking Act 1985 s 25(1) Evidence Act 1995 s 55(1) Law Enforcement (Powers and Responsibilities) Act 2002 Supreme Court Act 1970 s 69 Weapons Prohibition Act 1998 s 7(1) Cases Cited: ACP v Munro [2012] NSWSC 1510 Craig v State of South Australia [1995] HCA 58; (1995) 184 CLR 163 Fantakis v Commissioner of Police [2013] NSWSC 685 R v Kelly; Ex parte Hoang Van Duong (1981) 28 SASR 271 R v Zorad (1990) 19 NSWLR 91 Category: Principal judgment Parties: Elefterios Fantakis NSW Commissioner of Police Local Court of New South Wales Detective Roxanne McGee Detective Paul Stamoulis Representation: Counsel:
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