Lee v NSW Commissioner of Police (No.3) [2019] NSWSC 694

Supreme Court New South Wales

Medium Neutral Citation: Lee v NSW Commissioner of Police (No.3) [2019] NSWSC 694 Hearing dates: 27, 28, 29 March 2019, 10 April 2019 Date of orders: 14 June 2019 Decision date: 14 June 2019 Jurisdiction: Common Law Before: Garling J Decision: (1) Direct the parties within seven days to confer and agree upon the form of orders which are to be made to reflect the reasons for judgment. (2) Stand the proceedings over for any further submissions about the orders to be made to 28 June 2019 at 9.30am. Catchwords: CIVIL PROCEDURE – search warrants – where the first search warrant was declared invalid – where the application for a second search warrant relied on information obtained under first search warrant – conduct of the officer in issuing the second search warrant - whether there was a failure to consider that the search warrant was for items over which there were claims for privilege - whether there was inappropriate conduct during the execution of the second search warrant – blanket privilege claims - whether handwritten notes by the plaintiff give rise to an obligation of confidence – whether personal data stored on Strava app is confidential information Legislation Cited: Crimes (Domestic and Personal Violence) Act 2007 Evidence Act 1995. Law Enforcement (Powers and Responsibilities) Act 2002 Search Warrants Act 1985 Uniform Civil Procedure Rules 2005 Cases Cited: Arno v Forsyth (1986) 9 FCR 576 Baker v Campbell [1983] HCA 39; (1983) 153 CLR 52 Bunning v Cross [1978] HCA 22; (1978) 141 CLR 54 Caratti v Commissioner of Australian Federal Police [2017] FCAFC 177; (2017) 257 FCR 166 Carroll v Mijovich (1991) 25 NSWLR 441; (1991) 58 A Crim R 243 Cassaniti v Croucher (1997) 37 ATR 269 Castrol Australia Pty Ltd v Emtech Associates Pty Ltd (1980) 33 ALR 31 Coco v A N Clark (Engineers) Ltd [1969] RPC 41 Crowley v Murphy [1981] FCA 31; (1981) 34 ALR 496 Deta Nominees Pty Ltd v Viscount Plastic Products Pty Ltd [1979] VR 167 Dunesky v Commonwealth of Australia [1996] FCA 624; (1996) 33 ATR 491 Fraser v Evans [1969] 1 QB 349 Gartside v Outram (1856) 26 LJ Ch 113 Initial Services Ltd v Putterill [1968] 1 QB 396 Lee v NSW Commissioner of Police (No.2) [2017] NSWSC 1789 Lee v NSW Commissioner of Police [2017] NSWSC 1594 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30; (2001) 206 CLR 323 Moorgate Tobacco Co Ltd v Phillip Morris Ltd (No.2) [1984] HCA 73; (1984) 156 CLR 414 Regina v Ireland [1970] HCA 21; (1970) 126 CLR 321 Saltman Engineering Co Ltd v Campbell Engineering Co Ltd [1947] 65 RPC 203 Vestergaard Frandsen A/S v Bestnet Europe Ltd [2013] UKSC 31; [2013] 4 All ER 78 Texts Cited: Meagher, Gummow and Lehane, Equity Doctrines and Remedies (5th Edition, 2015) Category: Procedural and other rulings Parties: Denise Lee (P) NSW Commissioner of Police (D1) Megan Peebles (D2) Stephen Lister (D3) (Submitting) NSW Police Force (D4) Representation: Counsel: T A Game SC / B K Lim (P) K Richardson SC / D Hume (D1, D2, D4) Solicitors: Lenz Legal (P) Makinson & d'Apice (D1, D2, D4) File Number(s): 2017/367939 Publication restriction: Not Applicable