the original invasion of the plaintiff’s basic common law rights in land and goods through the unlawful search, provided the juridical basis for granting an injunction to reverse the ongoing consequences of those wrongs, namely the continued police retention of the phone data (per Gageler J) Smethurst v Commissioner of Police was a decision of the High Court of Australia.

The court refused to grant an injunction to journalist Annika Smethurst, of The Sunday Telegraph, against the Australian Federal Police.

Smethurst did not seek damages in remedy of that breach, instead pleading for injunctive relief that would facilitate the return to her of the seized information.

[4] Additionally, the majority found that even if a judicial basis had existed, relief would have been denied due it being contrary to the public interest.

[4] One month after the decision the AFP announced no charges would be laid against Ms Smethurst for her stories relying upon classified documents.