A Firm of Solicitors v District Court at Auckland CA108/04

This appeal concerns the validity of a search warrant issued under the Serious Fraud Office Act 1990 by a District Court Judge. The warrant authorised the Director of the Serious Fraud Office to search the premises of a law firm, suspected of being involved in fraudulent activity. The law firm sought a judicial review of the warrant. The High Court quashed the warrant and declared it invalid. The Director appealed to the Court of Appeal against the quashing of the warrant, and the law firm cross-appealed against certain findings of the High Court. The Court of Appeal dismisses the Director's appeal and allows the law firm's cross-appeal. However, the Court of Appeal allows the Director's appeal in relation to the fact that the High Court did not consider the Director's application under s 22(2)(b) of the Serious Fraud Office Act and remits the matter back to the High Court for consideration of that application. The Court of Appeal also awards costs of $6,000 plus usual disbursements to both the law firm and two interested parties, A and B, who were clients of the law firm (the costs to be shared between A and B). The Court of Appeal concludes that the search warrant was invalid, but does not express a view on the reasonableness of the mode of execution of the search. The Court of Appeal also suggests that the Serious Fraud Office may need to take a different approach to applications for search warrants in cases like this.