International Finance Trust Company Limited v New South Wales Crime Commission [2009] HCA 49

HIGH COURT OF AUSTRALIA

FRENCH CJ,

GUMMOW, HAYNE, HEYDON, CRENNAN, KIEFEL AND BELL JJ

INTERNATIONAL FINANCE TRUST COMPANY

LIMITED & ANOR APPELLANTS

AND

NEW SOUTH WALES CRIME COMMISSION & ORS RESPONDENTS

International Finance Trust Company Limited v New South Wales Crime Commission [2009] HCA 49

12 November 2009

S72/2009

ORDER

1. Appeal allowed.

2. Vary the orders of the Court of Appeal of the Supreme Court of New South Wales entered 6 November 2008:

(a) By adding at the end of order 2, "and proceedings 12212 of 2008 be dismissed and the first respondent pay the costs of those proceedings of the appellants".

(b) By adding an order declaring that s 10 of the Criminal Assets Recovery Act 1990 (NSW) is invalid.

3. First respondent to pay the costs of the appellants.

On appeal from the Supreme Court of New South Wales

Representation

T E F Hughes QC with G J Jones and G A F Connolly for the appellants (instructed by Atanaskovic Hartnell)

I D Temby QC with P F Singleton for the first respondent (instructed by New South Wales Crime Commission)

No appearance for the second and third respondents

Interveners

S J Gageler SC, Solicitor-General of the Commonwealth with K M Richardson intervening on behalf of the Attorney-General of the Commonwealth (instructed by Australian Government Solicitor)

R J Meadows QC, Solicitor-General for the State of Western Australia with C L Conley intervening on behalf of the Attorney-General for the State of Western Australia (instructed by State Solicitor for Western Australia)

M G Sexton SC, Solicitor-General for the State of New South Wales with J G Renwick intervening on behalf of the Attorney-General for the State of New South Wales (instructed by Crown Solicitor (NSW))

P M Tate SC, Solicitor-General for the State of Victoria with K L Walker intervening on behalf of the Attorney-General for the State of Victoria (instructed by Victorian Government Solicitor)