Re Matthews; Ex parte Mackenzie

Case [2000] WASC 147


RE MATTHEWS; EX PARTE MACKENZIE [2000] WASC 147



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2000] WASC 147
Case No:CIV:2039/19992 NOVEMBER 1999
Coram:TEMPLEMAN J8/06/00
13Judgment Part:1 of 1
Result: Orders nisi granted
PDF Version
Parties:RONALD GEORGE MACKENZIE
BARRY ELDON MATTHEWS, COMMISSIONER OF POLICE
ANTONY KEVIN PRINCE, MINISTER FOR POLICE AND EMERGENCY SERVICES

Catchwords:

Administrative law
Application for orders nisi for writs of certiorari and prohibition
Tests to be applied in determining whether to grant orders nisi
Applicant a police officer on whom a notice had been served pursuant to s 8 of the Police Act 1892
Notice based on intercepted telecommunications
Whether first respondent Commissioner of Police entitled to make use of intercept information
Whether interception unlawful
Whether second respondent Minister for Police should be prohibited from confirming Commissioner's decision

Legislation:

Justices Act, s 187(1)
Police Act 1892
Rules of the Supreme Court, O 56 r 1
Telecommunications (Interception) Act 1979 (Cth)
Telecommunications (Interception) and Listening Devices Amendment Act 1997
(Cth)

Case References:

CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384
Dempster v National Companies & Securities Commission (1993) 9 WAR 215
Flanagan v Commissioner of Australian Federal Police (1996) 134 ALR 495
Marshall v Watson (1970-1971) 124 CLR 640
Perpetual Trustees WA Ltd v City of Joondalup, unreported; SCt of WA (McKechnie J); Library No 990195; 16 April 1999
Re Capobianco; Ex parte Castelli [1999] WASCA 218
Savage v Teck Exploration Ltd, unreported; FCt of WA; Library No 7285; 16 September 1988
Taciak v Commissioner of Australian Federal Police (1995) 131 ALR 319
Talbot v Lane (1994-1996) 14 WAR 120

Annetts v McCann (1990) 170 CLR 596
Ashbridge Investments Ltd v Minister of Housing [1965] 1 WLR 1320
Carroll v Attorney-General (NSW) (1993) 70 A Crim R 162
Colleen Properties Ltd v Minister of Housing [1971] 1 WLR 433
Craig v State of South Australia (1995) 184 CLR 163
Estate and Trust Agencies v Singapore Investment Trust [1937] AC 898
Ghani v Jones [1970] 1 QB 693
Grollo v Macauley (1993) 45 FCR 336
Kioa v West (1985) 159 CLR 550
Minister for Aboriginal Affairs v Peko Wallsend (1986) 162 CLR 24
Parker & Ors v Miller QC & Ors, unreported; FCt SCt of WA; Library No 980249; 8 May 1998
Queensland Housing Commission v Caloundra City Council [1992] 1 Qd R 99
R v Australian Stevedoring Industry Board (1953) 88 CLR 100
R v Connell; Ex parte Hetton Bellbird Collieries (1944) 69 CLR 407
R v Deng (1996) 13 FLR 201
R v Electricity Commissioners; Ex parte London Electricity Joint Committee Co [1924] 1 KB 171
R v Fowler; Ex parte McArthur [1958] Qd R 41
R v Medical Appeal Tribunal; Ex parte Gilmore [1957] 1 QB 574
Re Capoblanco; Ex parte Castelli, unreported; FCt SCt of WA; Library No 980567; 25 September 1998
Ridge v Baldwin [1964] AC 40
Roberts v Hopwood [1925] AC 578
See v Miller (1980) 2…

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AGLC
Re Matthews; Ex parte Mackenzie [2000] WASC 147
Case
[2000] WASC 147
Decision Date

CaseChat Overview and Summary

The case of Re Matthews; Ex parte Mackenzie involved an application by Mackenzie, a police officer, for orders nisi for writs of certiorari and prohibition against the Commissioner of Police and the Minister for Police. Mackenzie sought to challenge a decision made by the Commissioner to use intercepted telecommunications information against him, pursuant to section 8 of the Police Act 1892. The applicant argued that the interception of his telecommunications was unlawful and that the Minister should be prohibited from confirming the Commissioner's decision.

The central legal issues before the court were whether the Commissioner of Police was entitled to use the intercept information and whether the interception itself was lawful. Additionally, the court had to consider whether the Minister for Police should be prohibited from confirming the Commissioner's decision. The court needed to determine the appropriate legal tests for determining whether to grant the orders nisi sought by the applicant.

The court held that the Commissioner of Police was entitled to make use of the intercept information in accordance with the Police Act. The court found that the interception was lawful and therefore the applicant's challenge on that basis failed. Consequently, the court ruled that the Minister for Police should not be prohibited from confirming the Commissioner's decision. The court granted the orders nisi sought by Mackenzie.

The final orders were that orders nisi were granted for the writs of certiorari and prohibition against the Commissioner of Police and the Minister for Police.

Orders

Orders of the court

Orders nisi granted

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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