Supreme Court
New South Wales
Medium Neutral Citation: Gamage v Riashi & Anor [2024] NSWSC 975 Hearing dates: 8 February 2024 Date of orders: 8 August 2024 Decision date: 08 August 2024 Jurisdiction: Common Law Before: Rothman J Decision: (1) The Court grants leave to appeal on Grounds A, B, K, N, D and P;
(2) Otherwise, the Court refuses leave to appeal;
(3) The Court dismisses the appeal and the Summons;
(4) The plaintiff shall pay each of the respondents’ costs of and incidental to the appeal and the application for judicial review.
Catchwords: APPEAL – application for leave to appeal from Local Court from various interlocutory decisions in criminal proceedings – where application for leave and appeal heard simultaneously – Court’s jurisdiction for orders in the nature of certiorari and declarations pursuant to Supreme Court Act 1970 (NSW) discussed – leave granted for some grounds and appeal dismissed – otherwise leave refused
CRIMINAL PROCEDURE – surveillance warrant under Surveillance Devices Act 2007 (NSW) – authorisation of surveillance device for recording conversations – relationship between Surveillance Devices Act and Telecommunications (Interception and Access) Act 1979 (Cth) – powers of judicial officers to issue warrants – construction of the Independent Commission Against Corruption Act 1988 (NSW) in relation to functions and powers provided to officers of the Independent Commission Against Corruption – powers of ICAC officers to commence proceedings prosecuting offences before the promulgation of s 14A
Legislation Cited: Commonwealth Constitution, s 109
Courts and Other Justice Portfolio Legislation Amendment Act 2015 (NSW)
Crimes (Appeal and Review) Act 2001 (NSW), ss 52, 53, 54, 55, 57, Pt 5 Div 1
Criminal Procedure Act 1986 (NSW), ss 3(1), 14, 14A, 37, 173, 174
Evidence Act 1995 (NSW), s 138
Independent Commission Against Corruption Act 1988 (NSW), ss 13, 14
Interpretation Act 1987 (NSW), s 34
Judiciary Act 1903 (Cth), s 78B
Supreme Court Act 1970 (NSW), ss 22, 23, 69, 75
Surveillance Devices Act 2007 (NSW), ss 7, 16, 17
Telecommunications (Interception and Access) Act 1979 (Cth), ss 5F, 6, 7
Criminal Procedure Regulation 2010 (NSW), reg 101
Cases Cited: Gas & Fuel Corporation Superannuation Fund v Saunders (1994) 52 FCR 48
Hilton v Wells (1985) 157 CLR 57; [1985] HCA 16
Lazarus v New South Wales Director of Public Prosecution [2015] NSWSC 1116
Maxwell v Keun [1928] 1 KB 645
Onslow v Inland Revenue Commissioners (1890) 25 QBD 465
Peterborough v Overseers of the Parish of Wilsthorpe (1883) 12 QBD 1
Re Ludeke; Ex parte Customs Officers’ Association of Australia, Fourth Division (1985) 155 CLR 513; [1985] HCA 31
Texts Cited: New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 26 May 1988
Category: Principal judgment Parties: Don Gamage (Plaintiff)
Michael Riashi (First Defendant)
Independent Commission Against Corruption (Second Defendant)
Director of Public Prosecutions (NSW) (Third Defendant)Representation: Counsel:
A Bhasin (First and Second Defendants)
E Jones (Third Defendant)
Solicitors:
Plaintiff (In Person)
Crown Solicitor for NSW…
Continue reading Gamage v Riashi
Sign in free to access the full text
- AGLC
- Gamage v Riashi [2024] NSWSC 975
- Case
- [2024] NSWSC 975
- Decision Date
CaseChat Overview and Summary
The court found that while it did have the jurisdiction to grant the orders sought by Gamage, the application for leave was not well founded for certain grounds. Consequently, the court granted leave for some grounds and dismissed the appeal for others, while refusing leave for the remaining grounds. The court's reasoning emphasised the importance of the statutory framework governing surveillance and the powers of judicial officers and ICAC officers in the context of criminal proceedings. The court also considered the construction of the Independent Commission Against Corruption Act 1988 (NSW) in relation to the functions and powers provided to ICAC officers, particularly in relation to prosecuting offences before the promulgation of section 14A.
The final orders of the court were to grant leave for some grounds of appeal while dismissing the appeal on others, and refusing leave for the remaining grounds. This outcome reflects the court's careful consideration of the statutory framework and the specific powers of judicial officers and ICAC officers as delineated in the respective statutes.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.