NSW Caselaw
New South Wales Supreme Court
CITATION : COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS v. DIEZ [2003] NSWSC 949 HEARING DATE(S) : 2/12/02; 4/12/02; 9/12/92; 11.22.02; 26/6/03 JUDGMENT DATE : 28 October 2003 JURISDICTION: Civil JUDGMENT OF : Greg James J at 1 DECISION : I decline to order costs in favour of the defendant.
CATCHWORDS : Proceeds of crime - property excluded from restraining order - application for costs by successful, convicted applicant - only right to costs under the Act - convicted applicant excluded by the statute from any right to costs. Proceeds of Crime Act (Cth) 1987 LEGISLATION CITED : Customs Act (Cth) 1901 Judiciary Act 1903 Supreme Court Act 1970 CDPP v. Adjornay [2000] NSWSC 76 Bissett v. CDPP (Victorian Supreme Court, 24 February 1993) Fowkes v. DPP (1996) 88 A. Crim. R. 166 CASES CITED : Latoudis v. Casey (1990) 170 CLR 534 Wright & Ors v. Judge Keon-Cohen & Anor (Victorian Supreme Court, 18 September 1992) Police v. S (1997) 94 a. Rim. R. 445 DPP v. Deeks (1994) 34 NSWLR 523 PARTIES : COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS v. DIEZ, Maximilliano FILE NUMBER(S) : SC No. 10408 of 2000 COUNSEL : Plaintiff: K. Chapple Defendant: G. Jones SOLICITORS : Plaintiff: Commonwealth DPP Defendant: Freemans Solicitors
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
GREG JAMES, J.
TUESDAY 28 OCTOBER 2003
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