International FinanceTrust Company Limited & Anor v New South Wales Crime Commission [2008] NSWCA 291

Reported Decision: [2009] ALMD 3717251 ALR 479189 A Crim R 559 Appeal Outcome: Special leave granted by the High Court 13 March 2009 (S487/2008)

New South Wales Court of Appeal

CITATION: International FinanceTrust Company Limited & Anor v New South Wales Crime Commission [2008] NSWCA 291 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 26 August 2008-27 August 2008

JUDGMENT DATE: 6 November 2008

JUDGMENT OF: Allsop P at 1; Beazley JA at 56; McClellan CJ at CL at 57

By majority: 1.Appeal allowed. 2.The following orders of the Court in proceedings 12212 of 2008 be set aside: (a) orders dated 13 May 2008; DECISION: (b) orders dated 16 May 2008, with the exception of the order for joinder of certain unnamed parties and of the orders made under s 33(2) of the Act; (c) orders dated 20 May 2008; and (d) orders dated 27 May 2008 3. The first respondent pay the appellants' costs. 4. Liberty to apply within 7 days in relation to the form of order 2.

CATCHWORDS: CRIMINAL ASSETS CONFISCATION – Restraining orders – Criminal Assets Recovery Act 1990 (NSW), s 10 – Whether primary judge erred in concluding affidavit of authorised officer disclosed reasonable grounds for the relevant suspicion – Whether primary judge erred in failing to give reasons in relation to orders - CONSTITUTIONAL LAW – Judicial power of Commonwealth – Ch III of the Commonwealth Constitution – Vesting of Federal jurisdiction in State courts – Whether s 10 invests Supreme Court with a power repugnant to or incompatible with its exercise of Federal judicial power – Whether the practical effect of s 10 is to require Supreme Court to make restraining order in ex parte proceedings - EVIDENCE – Whether certain paragraphs of affidavit improperly admitted – Essential to identify purpose for which evidence is admitted – Adducing evidence in interlocutory proceedings - PRACTICE AND PROCEDURE – Whether primary judge erred in entertaining proceedings without an identified defendant – UCPR 6.1A – Whether primary judge erred in entertaining proceedings in the absence of compliance with Schedule J of the Supreme Court Rules - WORDS AND PHRASES – "Reasonable grounds for suspicion" – "Reasonable grounds for belief"