NSW Caselaw
Reported Decision : 157 A Crim R 589 64 NSWLR 515
New South Wales Supreme Court
CITATION : NEW SOUTH WALES CRIME COMMISSION v. KEEN [2005] NSWSC 1151
HEARING DATE(S) : Thursday 15 September 2005
JUDGMENT DATE : 16 November 2005
JURISDICTION : Common Law
JUDGMENT OF : Hall J at 1
DECISION : The separate question as to the applicant's (Mr. Masri) standing to bring proceedings is answered "no". Costs reserved.
CATCHWORDS : Standing to seek an exclusion order - separate question of standing - Criminal Assets Recovery Act - restraining order and forfeiture order had been made - consent orders made forfeiting property of the defendant - Mr. Masri lent Mr. Keen $64,000 - Mr. Keen agreed to sell his motor cruiser to Mr. Masri in full payment of debt - Mr. Masri does not have standing to seek an exclusion order - ancillary orders under s.12 - ancillary orders must be incidental and subordinate to the restraining order - statutory scheme is directed to specified interests in property.
LEGISLATION CITED : Criminal Assets Recovery Act 1990 (NSW)
NSWCC v. Young (Badgery-Parker, J., 10 August 1992) Black Uhlans Incorporated v. State of New South Wales & Anor (McInerney, 5 December 1996) NSWCC v. Greer [2002] NSWSC 363 CASES CITED : NSWC v. Gardner [1999] NSWSC 1210 Koala Motels Pty. Limited v. Chief Licensing Inspector (1977) 18 ALR 12 McCleary v. DPP (1998) 157 ALR 301
NEW SOUTH WALES CRIME COMMISSION v. PARTIES : KEEN, Lloyd Norman & ORS
FILE NUMBER(S) : SC No. 10092 of 2005
Plaintiff: I.D. Temby, QC. COUNSEL : Masri: S.M. Kettle
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