Barbeliuk v NSW Commissioner of Police

The applicant, Barbeliuk, sought an extension of time to appeal an interlocutory order from the Court of Appeal of the Supreme Court of New South Wales concerning the use of a computer seized pursuant to an invalid search warrant. Barbeliuk also requested an extension to appeal an order permitting the police's legal representatives, but not the police themselves, to access information on the computer under confidentiality undertakings. The High Court was asked to grant special leave to appeal and an extension of time.

The legal issues before the court were whether the police would be required to return the computer or be prohibited from accessing the information it contained, and whether an appeal lay from the interlocutory order to the Court of Appeal. The court had to determine if granting the extension of time would be futile given the unresolved issues and the possibility of a future appeal.

The court found that it was not appropriate to grant special leave as it remained uncertain whether the police would be required to return the computer or be prohibited from accessing the information. Additionally, the court noted that it was not suggested that an appeal would not lie from the interlocutory order to the Court of Appeal. Therefore, granting the extension of time would be futile. The application was dismissed with costs.

Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), the Registrar was directed to draw up, sign and seal an order dismissing the application with costs.