Doyle v NSW Commissioner of Police (No 3) [2019] NSWSC 1787

Supreme Court New South Wales

Medium Neutral Citation: Doyle v NSW Commissioner of Police (No 3) [2019] NSWSC 1787 Hearing dates: 29-30 April, 28-29 May and 22 July 2019 Date of orders: 13 December 2019 Decision date: 13 December 2019 Jurisdiction: Common Law Before: Lonergan J Decision: (1) I direct counsel to serve on each other proposed Short Minutes of Order reflecting this judgment and to provide a copy to my Associate on or before 4:00pm on Wednesday, 18 December 2019. (2) I stand the proceedings over for directions generally and for the consideration of the appropriate orders to be made to 9.30am on Friday, 20 December 2019. Catchwords: CRIMINAL LAW – procedure – search warrant – whether decision to make application for a search warrant invalid – whether decision to issue a search warrant invalid – whether insufficient connection between items named in warrant and searchable offences listed in warrant – whether police should be restrained from accessing items seized ADMINISTRATIVE LAW – prerogative writs and orders Legislation Cited: Civil Procedure Act 2005 (NSW) Crimes Act 1900 (NSW), s 91FB, 91H Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), s 46, 46A, 47, 47A, 48, 49, 49A, 62, 63, 65, 67, 75A, 75B, 218, 219 Law Enforcement (Powers and Responsibilities) Regulation 2016 (NSW) Cases Cited: Caratti v Commissioner of the Australian Federal Police (No 2) [2016] FCA 1132 Parker v Churchill (1985) 9 FCR 316 Propend Finance Pty Ltd v Commissioner of Australian Federal Police (1994) 72 A Crim R 278 Category: Principal judgment Parties: Phillip William Doyle (First Plaintiff) Mark Barbeliuk (Second Plaintiff) NSW Commissioner of Police (First Defendant) Detective Tiffany O'Neill (Second Defendant) Deputy Registrar Cally D'Arcy (Third Defendant) Representation: Counsel: J V Agius SC (First and Second Plaintiffs) P Singleton (First and Second Defendants) Submitting appearance (Third Defendant)