NSW Caselaw
224 FLR 222 Reported Decision : 194 A Crim R 215 [2009] ALMD 4849 52 MVR 581
New South Wales Supreme Court
CITATION : Lee v Director of Public Prosecutions (Cth) (No2) [2009] NSWSC 174 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 28/05/08
JUDGMENT DATE : 20 March 2009
JUDGMENT OF : Hidden J
DECISION : Order sought in paragraph 5 of notice of motion (stay of proceedings) refused.
CATCHWORDS : PROCEEDS OF CRIME - Proceeds of Crime Act (Cth) - Property of applicant restrained under s19 - proceedings for forfeiture under s49, examination of applicant under s180 - applicant not charged with any offence - whether proceedings under the Act should be stayed until it is determined whether he should be prosecuted.
Proceeds of Crime Act 2002 (Cth) LEGISLATION CITED : Corporations Act 2001 (Cth) Evidence Act 1995 Criminal Proceeds Confiscation Act 2002 (Qld)
CATEGORY : Principal judgment
Sorby v The Commonwealth (1983) 152 CLR 281 Yuill v Spedley Securities Ltd (1992) 8 ACSR 272 ASIC v Lee and Anor (Finkelstein J, unreported, 15 June 2007) Cth DPP v Jo and Ors [2007] QCA 251 CASES CITED : Cth DPP v Jo and Ors [2007] QDC 173 McMahon v Gould (1982) 7 ACLR 202 State of Queensland v Shaw [2003] QSC 436 Criminal Proceeds Confiscation Act 2002 (Qld) Fernando v Commissioner of Police (1995) 36 NSWLR 567
PARTIES : Kee Sien LEE (applicant) Director of Public Prosecutions (Cth) (respondent / plaintiff)
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