Feeney v NSW Police [2017] NSWSC 190

Supreme Court New South Wales

Medium Neutral Citation: Feeney v NSW Police [2017] NSWSC 190 Hearing dates: 15 February 2017 Date of orders: 15 February 2017 Decision date: 15 February 2017 Jurisdiction: Common Law Before: Garling J Decision: (1) Grant leave to the plaintiff Luke Feeney to appeal from the order of the Local Court (Stoddart LCM) made in Wollongong on 6/9/2016. (2) Order that the appeal be upheld. (3) Set aside the order made in the Local Court on 6/9/2016. (4) Direct that Exhibit B, a DVD, be returned to the plaintiff, Mr Feeney. (5) Order that Schedule B to the subpoena issued by the Local Court on 2/5/2016 be returnable before the Local Court at Kiama at 10am on 16/2/2017. (6) Order that these orders be issued forthwith. Catchwords: APPEAL FROM LOCAL COURT – question of law – error of law – failure to give adequate reasons – leave to appeal granted – appeal upheld Legislation Cited: Crimes (Appeal and Review) Act 2001 Crimes Act 1900 Liquor Act 2007 Summary Offences Act 1988 Cases Cited: Not Applicable Texts Cited: Not Applicable Category: Procedural and other rulings Parties: Luke Feeney (P) NSW Police (D) Representation: Counsel: In person (P) D Parrish (D) File Number(s): 2016/293253 Publication restriction: Not Applicable

EX TEMPORE Judgment 1. On 20 September 2016 the applicant, Mr Luke Feeney, filed a summons seeking leave to appeal from an order made in the Local Court on 6 September 2016. The order was an interlocutory one in which the Local Court (Stoddart LCM) set aside part of a subpoena that had been issued in the Local Court on the basis that the applicant in this Court had not demonstrated a legitimate forensic purpose for the documents which were sought.