Doyle v Commissioner of Police (No 2)

[2020] NSWCA 34

NSW Court of Appeal

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Interrogate

Catchwords

1. Police
2. › Search warrants
3. › Invalid warrant
4. › Seizure of property
5. › Discretionary relief for return of seized items
6. › Whether police entitled to inspect seized items for purpose of being heard on discretion
7. › Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), ss 217, 218, 219
1. Practice and Procedure
2. › Interlocutory injunctions
3. › Variation of interlocutory regime
4. › Changed circumstances
5. › Whether interlocutory relief should be varied to permit defendant to inspect items in its possession for purpose of resisting discretionary relief
1. Practice and Procedure
2. › Judgments and orders
3. › Construction of court orders
4. › Whether orders of Court of Appeal precluded appellants from contending police should not be permitted access to seized computer
5. › Whether reasons for judgment may be used to construe orders

Quick Take

Practitioners seeking return of items seized under invalid warrants should note that interlocutory relief preventing police access will not prevent the court from varying that regime to allow police to inspect items for the limited purpose of being heard on the discretionary question of retention or return.