INTERNATIONAL FINANCE TRUST COMPANY LTD v NEW SOUTH WALES CRIME COMMISSION (NO 2) [2010] NSWCA 46

New South Wales Court of Appeal

CITATION: INTERNATIONAL FINANCE TRUST COMPANY LTD v NEW SOUTH WALES CRIME COMMISSION (NO 2) [2010] NSWCA 46

HEARING DATE(S): 7 December 2009

JUDGMENT DATE: 19 March 2010

JUDGMENT OF: Allsop P at 1; Basten JA at 2; McClellan CJ at CL at 91

In matter No 40386/08: (1) Grant leave to appeal. (2) Dismiss the appeal, with no order as to costs.

DECISION: In matter No 40283/09: (1) Grant leave to appeal to this Court. (2) Direct the appellants to file a notice of appeal amended so as to include the orders sought in the notice of motion. (3) Dismiss the appeal. (4) Order the appellants to pay the respondent's costs of this proceeding in this Court.

CATCHWORDS: ADMINISTRATIVE LAW – procedural fairness – hearing rule – consent orders made concerning disposal of property – orders made without notice to third party claiming interest – whether denial of opportunity to assert interest in property - CRIMINAL LAW – recovery of proceeds of crime – restraining orders – interaction with other provisions relating to recovery of proceeds of crime – extent to which constitutional invalidation of provision affects orders made under other provisions – Criminal Assets Recovery Act 1990 (NSW), ss 10, 12, 27, s 33 - PRIVATE INTERNATIONAL LAW – enforcement of judgments – overseas registration – restraining orders registered in New Zealand – dismissal of proceedings in which orders made – whether necessary to order that steps be taken for registration to be revoked - PROCEDURE – judgments and orders – effect of appellate judgment – effect of dismissal of proceedings – specific orders within proceedings not expressly set aside – whether orders discharged by virtue of dismissal of proceedings - PROCEDURE – jurisdiction – distinction between jurisdiction and satisfaction as to factual preconditions to exercise of jurisdiction – orders made by consent – whether necessary for Court to undertake independent inquiry into factual basis for orders - WORDS & PHRASES – "assets forfeiture order" – "effective control" – "proceeds assessment order" – "restraining order"