NSW Caselaw
New South Wales Supreme Court
CITATION : Commonwealth Director of Public Prosecutions v Sir Thomas Graham Fry and Anor [2009] NSWSC 261
HEARING DATE(S) : 25-29/11/02, 6/1202, 11/12/02
JUDGMENT DATE : 22 April 2009
JUDGMENT OF : Hidden J
DECISION : Declarations sought by plaintiff granted. Declarations and order sought by first defendant refused.
CATCHWORDS : PROCEEDS OF CRIME - previous Commonwealth legislation - restraining orders relating to property of first and second defendants - whether orders applicable to sailing vessel - which defendant was beneficial owner of the vessel - whether the restraining order should be disregarded to the extent that it related to the vessel - whether vessel forfeited to the Commonwealth
LEGISLATION CITED : Proceeds of Crime Act 1987(Cth)
CATEGORY : Principal judgment
Della Patrona v DPP (Cth) [No2] (1993) 38 NSWLR 257 CASES CITED : Commonwealth DPP v Webb [1999] NSWSC 405 Top of the Cross Pty Ltd v Federal Commissioner of Taxation (1980) 50 FLR 19 Jeffrey v DPP (Cth) (1995) 79 A Crim R 514
TEXTS CITED : Jacob's Law of Trusts in Australia (7th ed), JD Heydon and MJ Leeming LexisNexis Butterworths 2006
Commonwealth Director of Public Prosecutions PARTIES : Sir Thomas Graham Fry (first defendant) Russell Douglas Bateman (second defendant)
FILE NUMBER(S) : SC 2000/10407
T Game SC with CA Webster (plaintiff) COUNSEL : unrepresented (first defendant) unrepresented (second defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
HIDDEN J
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