NSW Caselaw
Reported Decision : 124 A Crim R 211
New South Wales Supreme Court
CITATION : DPP (Cth) v West [2001] NSWSC 671 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 12959/00 HEARING DATE(S) : 07/08/01 JUDGMENT DATE : 10 August 2001
PARTIES : Director of Public Prosecutions (Cth) (Pl) Cameron Noel West (Def) JUDGMENT OF : Kirby J
COUNSEL : A B O'Sullivan (Pl) C Steirn SC/G Jones (Def) SOLICITORS : Cth DPP (Pl) Galloways (Def) CATCHWORDS : Proceeds of Crime - Restraining order - Liability for costs where Summons dismissed Proceeds of Crime Act, 1987 (Cth) Customs Act, 1901 (Cth) Drug Misuse & Trafficking Act, 1985 (NSW) LEGISLATION CITED : Firearms Act, 1996 (NSW) Criminal Assets Recovery Act, 1990 (NSW) Judiciary Act, 1903 (Cth) Supreme Court Act, 1970 (NSW) Bissett v DPP (Cth) (Hayne J, unreported, 24.02.93) CASES CITED : Commonwealth DPP v Chan (Greg James J, unreported, 13.03.01) Commonwealth DPP v Adorjany (Simpson J [2000] NSWSC 76) DPP (Cth) v Geraghty (Simpson J [2000] NSWSC 911) DECISION : The Amended Summons, number 12959/00, is dismissed.; The plaintiff should pay the defendant's costs.
THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
KIRBY J
Friday 10 August 2001
12959/00 - DIRECTOR OF PUBLIC PROSECUTIONS (CTH) v CAMERON NOEL WEST
JUDGMENT
1 HIS HONOUR: This is an application for costs against the Director of Public Prosecutions (Cth) ("the DPP (Cth)") arising out of proceedings under the Proceeds of Crime Act, 1987.
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