FEDERAL COURT OF AUSTRALIA Unlimited Business Consultants (Qld) Pty Ltd ACN 098 523 490 v Commissioner, Australian Federal Police [2003] FCA 707 UNLIMITED BUSINESS CONSULTANTS (QLD) PTY LTD ACN 098 523 490, FLYING FIGHTERS PTY LTD ACN 067 895 005, FLYING FIGHTERS MAINTENANCE & RESTORATION PTY LTD ACN 087 084 197 and FLYING FIGHTER ADVENTURES PTY LTD ACN 065 734 198, AVIATION WELDING AUSTRALIA PTY LTD ACN 010 374 428 AND GEOFF KLOOGER AND ASSOCIATES v THE COMMISSIONER, AUSTRALIAN FEDERAL POLICE, R. QUINLAN, MICHAEL CHARLES PETTY, KIM JANELLE DWYER, MICHELLE GEAR AND MICHAEL JOHN HAWTHORNE Q 73 OF 2003 DOWSETT J 17 JUNE 2003 BRISBANE IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY Q 73 OF 2003 BETWEEN: UNLIMITED BUSINESS CONSULTANTS (QLD) PTY LTD ACN 098 523 490 FIRST APPLICANT FLYING FIGHTERS PTY LTD ACN 067 895 005, FLYING FIGHTERS MAINTENANCE & RESTORATION PTY LTD ACN 087 084 197 and FLYING FIGHTER ADVENTURES PTY LTD ACN 065 734 198 SECOND APPLICANTS AVIATION WELDING AUSTRALIA PTY LTD ACN 010 374 428 THIRD APPLICANT GEOFF KLOOGER AND ASSOCIATES FOURTH APPLICANT AND: THE COMMISSIONER, AUSTRALIAN FEDERAL POLICE FIRST RESPONDENT R. QUINLAN SECOND RESPONDENT MICHAEL CHARLES PETTY THIRD RESPONDENT KIM JANELLE DWYER FOURTH RESPONDENT MICHELLE GEAR FIFTH RESPONDENT MICHAEL JOHN HAWTHORNE SIXTH RESPONDENT JUDGE: DOWSETT J DATE OF ORDER: 17 JUNE 2003 WHERE MADE: BRISBANE THE COURT ORDERS THAT: 1. The application for leave to appeal be refused. 2. The applicants pay the respondents' costs of these proceedings. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY Q 73 OF 2003 BETWEEN: UNLIMITED BUSINESS CONSULTANTS (QLD) PTY LTD ACN 098 523 490 FIRST APPLICANT FLYING FIGHTERS PTY LTD ACN 067 895 005, FLYING FIGHTERS MAINTENANCE & RESTORATION PTY LTD ACN 087 084 197 and FLYING FIGHTER ADVENTURES PTY LTD ACN 065 734 198 SECOND APPLICANTS AVIATION WELDING AUSTRALIA PTY LTD ACN 010 374 428 THIRD APPLICANT GEOFF KLOOGER AND ASSOCIATES FOURTH APPLICANT AND: THE COMMISSIONER, AUSTRALIAN FEDERAL POLICE FIRST RESPONDENT R. QUINLAN SECOND RESPONDENT MICHAEL CHARLES PETTY THIRD RESPONDENT KIM JANELLE DWYER FOURTH RESPONDENT MICHELLE GEAR FIFTH RESPONDENT MICHAEL JOHN HAWTHORNE SIXTH RESPONDENT JUDGE: DOWSETT J DATE: 17 JUNE 2003 PLACE: BRISBANE REASONS FOR JUDGMENT 1 The proper construction of s 227 of the Proceeds of Crime Act 2002 (Cth) is a matter of some importance, however I doubt whether this is an appropriate vehicle for testing it. The application is for interlocutory relief, and the applicants have failed primarily because of their inability to demonstrate any substantial detriment. In those circumstances, I consider that there would be virtually no prospects of success on an appeal from my refusal of interlocutory relief. I will therefore refuse leave. 2 I order the applicants to pay the respondents' costs of these proceedings. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Dowsett. Associate: Dated: 23 July 2003 Counsel for the First, Second, Third and Fourth Applicants: W Sofronof QC and L Bowden Solicitor for the First, Second, Third and Fourth Applicants: Hawthorn Cuppaidge & Badgery Counsel for the First, Third, Fourth, Fifth and Sixth Respondents: M Griffin SC Solicitor for the First, Third, Fourth, Fifth and Sixth Respondents: Commonwealth Director of Public Prosecutions Counsel for the Second Respondent: The Second Respondent did not appear. Date of Hearing: 17 June 2003 Date of Judgment: 17 June 2003