McKane v NSW Police and Director of Public Prosecutions (NSW) [2016] NSWLC 19

Local Court New South Wales

Medium Neutral Citation: McKane v NSW Police and Director of Public Prosecutions (NSW) [2016] NSWLC 19 Hearing dates: In chambers Date of orders: 09 November 2016 Decision date: 09 November 2016 Jurisdiction: Civil Before: Huntsman LCM Decision: Leave to institute the proceedings is refused Catchwords: CIVIL PROCEEDINGS – applications - leave to institute civil proceedings - person convicted of serious indictable offence - Felons (Civil Proceedings) Act 1981 - disposal of property in police custody Legislation Cited: Felons (Civil Proceedings) Act 1981, s 4 Confiscation and Proceeds of Crime Act 1989, s 41 Law Enforcement (Powers and Responsibilities) Act 2002, ss 216, 218, 219, 220, 229 Cases Cited: Commissioner of Police v Pecover [2014] NSWSC 1427 Director of Public Prosecutions v Jeffrey (1992) 58 A Crim R 310 Patsalis v State of New South Wales [2012] NSWCA 307 Montiero v State of New South Wales (No 2) [2015] NSWSC 1901 McKane v Commissioner of Corrective Services of New South Wales [2015] NSWSC 737 Category: Procedural and other rulings Parties: Jeffrey Allan McKane (applicant) NSW Police (first respondent) Director of Public Prosecutions (second respondent) Representation: No appearances – determined in chambers File Number(s): 2016/00268871 Publication restriction: None

Judgment

Description of the application 1. Mr McKane is currently serving a sentence for a serious indictable offence. He has filed civil proceedings, being a Statement of Claim in the Small Claims Division of the Local Court. He has sought the leave of the court to institute such proceedings, given the provisions of the Felons (Civil Proceedings) Act 1981. I now give reasons for decision on his application for leave to institute the civil proceedings.