FEDERAL COURT OF AUSTRALIA
Kennedy v Baker [2004] FCA 562
CORRIGENDUM
TREVOR JOHN KENNEDY v PETER BAKER and AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION
N 2366 of 2003
BRANSON J
6 MAY 2004 (CORRIGENDUM 17 JUNE 2004)
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
N 2366 of 2003 |
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BETWEEN: |
TREVOR JOHN KENNEDY APPLICANT
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AND: |
PETER BAKER FIRST RESPONDENT
AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION SECOND RESPONDENT
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JUDGE: |
BRANSON J |
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DATE: |
6 MAY 2004 |
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PLACE: |
SYDNEY |
CORRIGENDUM
1. In par 86 the reference to ‘William v Keetly’ should read ‘William v Keelty’
2. In par 96 the first sentence should read:
‘It is settled law that, generally speaking, those executing a warrant in respect of premises must ensure that the occupier of the premises has, having regard to the circumstances surrounding the search, an adequate opportunity to make a claim of privilege (Commissioner of Taxation v Citibank per Bowen CJ and Fisher J at 417).’
3. In par 104 the following words should be added at the end of the paragraph after the word ‘anything’:
‘contained in the imaged hard drive.’
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I certify that the preceding three (3) numbered paragraphs are a true copy of the Corrigendum to the Reasons for Judgment of the Honourable Justice Branson. |
Associate:
Dated: 17 June 2004
