Doyle v Commissioner of Police (No 3)

[2020] NSWCA 240

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Stay of execution
3. › Informal application for stay pending application for leave to appeal
4. › Whether issue already decided by Court of Appeal
5. › Whether prospect of success and balance of convenience favoured a stay
1. Equity
2. › Injunctions
3. › Mandatory injunction for return of items seized under invalid search warrant
4. › Whether entitlement to return is automatic or discretionary
5. › Relevance of Bunning v Cross discretion
6. › Evidence Act 1995 (NSW), s 138
1. Practice and Procedure
2. › Abuse of process
3. › Relitigation of issue already determined
4. › Third attempt to argue same point before single Judge of Appeal

Quick Take

Practitioners seeking return of items seized under invalid search warrants should note that relief is discretionary, not automatic, and that the party holding the items is entitled to be heard and to inspect the items for the purpose of opposing injunctive relief.