Carolan v State of New South Wales [2014] NSWSC 1566

Supreme Court New South Wales

Medium Neutral Citation: Carolan v State of New South Wales [2014] NSWSC 1566 Hearing dates: 28 May 2014 Decision date: 10 November 2014 Jurisdiction: Common Law Before: Button J Decision: (1) Orders one to seven in the further amended statement of claim filed 12 November 2013 are dismissed. (2) The plaintiff must pay the costs of the second defendant before me. Catchwords: CRIMINAL LAW - Law Enforcement (Powers and Responsibilities) Act s 219 - application by plaintiff that property seized and detained by police be delivered to him - whether plaintiff has established that he is lawfully entitled to the property

TORTS - trespass to goods - detinue and conversion - whether declaration should be made Legislation Cited: Crimes Act 1900 (NSW) s 527C Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), ss 21, 23, 218, 219, 229 Cases Cited: Anderson v Judges of the District Court (NSW) (1992) 27 NSWLR 701 Application of Hampton (1972) 3 DCR 59 Briginshaw v Briginshaw (1938) 60 CLR 336 Browne v Dunn (1893) 6 R 67 HL Fantakis v Commissioner of Police [2013] NSWSC 685 Gollan v Nugent (1988) 166 CLR 18 Gordon v Chief Commissioner of Metropolitan Police (1910) 2 KB 1080 Malone v Metropolitan Police Commissioner [1980] QB 49 McQueen v Hawi [2008] NSWSC 136 Category: Principal judgment Parties: Sean Carolan (Plaintiff) State of New South Wales (First Defendant) Commissioner of Police for New South Wales (Second Defendant) Representation: Counsel: GJ Jones (Plaintiff) GAF Connolly (Plaintiff) B Thompson (Defendants) Solicitors: Michael Croke and Co (Plaintiff) Crown Solicitor's Office (Defendants) File Number(s): 2012/ 355618