Shields & Ors v New South Wales Crime Commission (No 2) [2007] NSWCA 310

New South Wales Court of Appeal

CITATION: Shields & Ors v New South Wales Crime Commission (No 2) [2007] NSWCA 310

HEARING DATE(S): 2 April 2007

JUDGMENT DATE: 2 November 2007

JUDGMENT OF: Beazley JA at 1; Hodgson JA at 12; Tobias JA at 13

DECISION: 1. Leave to appeal granted; 2. Appeal allowed; 3. Set aside the orders made by Rothman J on 19 June 2006; 4. Dismiss the Notice of Motion for summary judgment; 5. Order that the respondent Commission pay the claimants'/appellants' costs of the Summons for Leave to Appeal, the appeal and the costs of the hearing of the application for summary judgment.

CATCHWORDS: CRIMINAL LAW – assets forfeiture order – requirement that it was more probable than not that a person engaged in serious crime related activity within six years of application for order – whether precondition for assets forfeiture order satisfied - CRIMINAL LAW – assets forfeiture order – restraining order – whether interest in property sufficiently specified - PRACTICE AND PROCEDURE – adjournment – proceedings sought to be adjourned pending application for leave to appeal – whether trial judge's discretion erred in refusing adjournment

LEGISLATION CITED: Criminal Assets Recovery Act 1990 (NSW) s 22

Gail Anne Shields (First Appellant) Aaron Gregory Lye (Second Appellant) Christopher Lye (Third Appellant) PARTIES: Koala Development Pty Ltd (Fourth Appellant) Parkes Airport Business Centre Pty Ltd (Fifth Appellant) Parkes Airport Construction Pty Ltd (Sixth Appellant) New South Wales Crime Commission (Respondent)

FILE NUMBER(S): CA 40435/06

COUNSEL: C J Dibb (Appellants) I Temby QC; P Singleton (Respondent)