Some aspects of this issue are discussed in Fox, below n 7, 126–36 although that text tends to deal with it from the standpoint of criminal procedure. They are also discussed very generally in the various texts referred to below including in Tronc, Crawford and Smith, below n 11 and in Stone, see below n 18, Chapter 2C. There is also some discussion of this issue in CCH, Australian Torts Commentary, (at 8 December 2009) 35–080.
Ruddock v Taylor (2005) 222 CLR 612. at [49]–[51] (GleesonCJGummowHayneHeydonJJ). See also, at [29]–[30] (CallinanJ).
17.
FeldmanDavid, The Law Relating to Entry, Search and Seizure (1986) 298. See also, Manzullo Khan v McNamara (1911) 13 WAR 151 in which police who had taken camels into custody were held to be bailees over them.
18.
StoneRichard, The Law of Entry, Search and Seizure (4th Ed, 2005) Chapter 2C.
19.
Brodie v Singleton Shire Council (2001) 206 CLR 512 (at 559 [102])
20.
PalmerN., Bailment (2nd Ed, 1991) 149.
21.
Saraya v Commissioner of Business Franchises [1998] VSC (Unreported, BeachJ, 10 February 2008).
22.
Rivers v Cutting [1982] 1 WLR 1146. Discussed in Stone, above n 18, 83.
23.
QIW Retailers Ltd v Felview Pty Ltd [1989] 2 Qd R 245.
24.
TroncCrawfordSmith, above n 11, 14.
25.
Gollan v Nugent (1988) 166 CLR 19 at 22 (per Brennan J) citing Malone v Metropolitan Police Commissioner (1980) QB 49. A similar duty is that police only retain items as long as reasonably necessary to complete their investigations or preserve it for evidence is discussed in Ghani v Jones [1970] 1 QB 693, at 709 (Lord Denning MR) and Greer v New South Wales Police [2002] NSWSC 356, at [17]–[18] (Bell J).
