AM v Gill [2015] NSWSC 586

Supreme Court New South Wales

Medium Neutral Citation: AM v Gill [2015] NSWSC 586 Hearing dates: 19 June 2014 Date of orders: 19 May 2015 Decision date: 19 May 2015 Jurisdiction: Common Law Before: Hidden J Decision: Summons dismissed Catchwords: ADMINISTRATIVE LAW – surveillance device warrant – whether false or misleading statements in affidavit supporting application for warrant – whether material facts were omitted – nature and extent of applicant's duty of disclosure Legislation Cited: Crimes Act 1900 Crimes Act 1914 (Cth) Surveillance Devices Act 2007 Cases Cited: Brian Saunders v Commissioner of the Australian Federal Police (1998) 52 ALD 484 George v Rockett (1990) 170 CLR 104 International Finance Trust Company Ltd v New South Wales Crime Commission [2009] HCA 49, 240 CLR 319 Lego Australia Pty Ltd v Paraggio (1994) 53 FCR 542 Majzoub v Kepreotis [2009] NSWSC 1498 Price v Elder [2000] FCA 133, 60 ALD 375 Thomas A Edison Ltd v Bullock (1912) 15 CLR 679 Category: Principal judgment Parties: AM (plaintiff) Detective Sergeant Andrew Gill (1st defendant) Commissioner of Police of New South Wales (2nd defendant) The Honourable Justice MF Latham (3rd defendant) Representation: Counsel: B Vasic with D Randle (plaintiff) M Johnston (1st & 2nd defendants)

Solicitors: Fred David, David Legal (plaintiff) Richard Kelly, Acting Crown Solicitor for NSW (1st, 2nd & 3rd defendants) File Number(s): 2013/288084 Publication restriction: A non-publication order has been made with respect to the name of the Plaintiff who is to be referred to by the pseudonym AM