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[2017] NSWSC 1696
Supreme Court of NSW
2017-11-30
Hamill J
Original judgment source is linked above.
Solicitors: Randall Legal (Plaintiff/Respondent) Makinson d'Apice (First Defendant//Applicant) File Number(s): 2017/00308967
Judgment
Chronology of events and litigation
The issues surrounding the validity of the warrant and the lawfulness of the search
Does the Local Court have jurisdiction to receive such evidence and to hear such arguments?
Fragmentation of criminal proceedings
Can the prosecution take a different approach in the Local Court or might the magistrate refuse to entertain the plaintiff's submissions?
The appropriate relief
Post script
Endnotes
Amendments 07 December 2017 - Post Script. DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 07 December 2017
Allen
Ewing and Anor
(1996) 60 FCR 149
(2008) 236 CLR 120
(2002) 209 CLR 597
(1997) 192 CLR 69
(2003) 211 CLR 476
(1978) 142 CLR 1
[2008] HCA 43
[2002] HCA 11