Lee v NSW Commissioner of Police (No.2) [2017] NSWSC 1789

Supreme Court New South Wales

Medium Neutral Citation: Lee v NSW Commissioner of Police (No.2) [2017] NSWSC 1789 Hearing dates: 1 December 2017 Date of orders: 01 December 2017 Decision date: 01 December 2017 Jurisdiction: Common Law Before: Garling J Decision: (1) Declare that the search warrant issued by the third defendant on 21 February 2017 is invalid. (2) Order that the decision of the third defendant to issue that warrant be quashed. (3) Declare that the search of the plaintiff's premises on 22 February 2017 and the seizure of items from those premises was not authorised by the search warrant purportedly issued by the third defendant on 21 February 2017. (4) Order that at 10 am on Tuesday 5 December 2017 the defendants, or their servants or police officers, are to deliver up to the plaintiff at Unit 416, 4 Neild Street, Rushcutters Bay, New South Wales 2011, all goods, papers, items and things seized from the plaintiff or her premises on 22 February 2017. (5) Order the defendant to pay the plaintiff's costs of and incidental to the proceedings. Catchwords: ADMINISTRATIVE LAW – search warrant – where search warrant has been quashed – whether orders should be made in relation to seized property- parties ordered to return property – any further conduct left to parties Legislation Cited: Not Applicable Cases Cited: Lee v NSW Commissioner of Police [2017] NSWSC 1594 Texts Cited: Not Applicable Category: Procedural and other rulings Parties: Denise Lee (P) New South Wales Commissioner of Police (D1) Meegan Peebles (D2) Tim Henderson (D3) Representation: Counsel: Mr M Robinson SC / Ms L Bewsher (P) Mr M Spartalis (D1, D2)