Moutia Elzahed & Anors v Commonwealth of Australia and State of NSW [2016] NSWDC 353

District Court New South Wales

Medium Neutral Citation: Moutia Elzahed & Anors v Commonwealth of Australia and State of NSW [2016] NSWDC 353 Hearing dates: 28 November 2016, 29 November 2016, 30 November 2016, 1 December 2016, 2 December 2016 and 7 December 2016 Date of orders: 15 December 2016 Decision date: 15 December 2016 Jurisdiction: Civil Before: Balla DCJ Decision: 1. Verdict for the first defendant against the first plaintiff. 2. Verdict for the second defendant against the first plaintiff. 3. Verdict for the first defendant against the second plaintiff. 4. Verdict for the first defendant against the third plaintiff. 5. Verdict for the second defendant against the third plaintiff. 6. Verdict for the first defendant against the fourth plaintiff. 7. Verdict for the second defendant against the fourth plaintiff. Catchwords: Search Warrant. Reasonable and necessary force. Legislation Cited: Crimes Act (Cth) 1914 Law Enforcement (Powers and Responsibilities) Act 2002 Cases Cited: State of New South Wales v Williamson [2011] NSWCA 183 at [24] Martin v The Queen [2015] ACTCA 38 Category: Principal judgment Parties: Moutia Elzahed & Anors (Plaintiffs)

Commonwealth of Australia (First Defendant) State of New South Wales (Second Defendant) Representation: Counsel: Mr C Evatt with Mr G Foster (Plaintiffs) Mr D Staehli, SC (First Defendant) Mr M. Spartalis (Second Defendant)