Joukhador v Commissioner of Police [2018] NSWSC 872

Supreme Court New South Wales

Medium Neutral Citation: Joukhador v Commissioner of Police [2018] NSWSC 872 Hearing dates: 16 October 2017 Decision date: 12 June 2018 Jurisdiction: Common Law Before: McCallum J Decision: Time within which judicial review of the decisions of the third defendant may be sought extended to 4 August 2017; relief sought in respect of the decisions of the third defendant refused (orders 3 to 8 in the further amended summons filed 16 October 2017) Catchwords: SEARCH AND SEIZURE – challenge to validity of search warrants – specificity required of description of "searchable offence" on the face of the warrant – requirement for sufficient connection between things to be searched for and searchable offence Legislation Cited: Crimes Act 1900 (NSW) ss 93T, 192E Criminal Procedure Act 1986 (NSW), s 12 Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) ss 46(3), 46A, 47-52, 62, 66, 76 Law Enforcement (Powers and Responsibilities) Regulation 2016 (NSW) regs 4(1), 6(1)(a) Uniform Civil Procedure Rules 2005 (NSW) r43.13 Cases Cited: Carroll v Mijovich (1991) 25 NSWLR 441 George v Rockett (1990) 170 CLR 104; [1990] HCA 26 Joukhador as Principal Solicitor of Thomas Booler Lawyers v NSW Commissioner of Police [2017] NSWSC 1287 Joukhador v Commissioner of Police (Unreported, Supreme Court of New South Wales, McCallum J, 16 October 2017) Joukhador v Commissioner of Police [2017] NSWSC 1653 New South Wales v Corbett (2007) 230 CLR 606; [2007] HCA 32 Category: Principal judgment Parties: Marcel Joukhador as principal solicitor of Thomas Booler Lawyers (plaintiff) Commissioner of Police, NSW Police Force (first defendant) Detective Senior Constable Daniel Opdam (second defendant) Stephen Lister (third defendant) Representation: Counsel: C A Webster SC; P Batley (plaintiff) P Singleton (first and second defendants)