Lee v New South Wales Crime Commission [2012] NSWCA 262

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Lee v New South Wales Crime Commission [2012] NSWCA 262 Hearing dates: 10 August 2012 Decision date: 23 August 2012 Before: Bathurst CJ at [1]; Macfarlan JA at [22]; Barrett JA at [23] Decision: 1 Grant the application for leave to appeal. 2 Appeal allowed. 3 Order the respondent pay the appellants' costs of the application for leave to appeal and the appeal. 4 Remit the proceedings to the primary judge or another judge of the Common Law Division for determination in accordance with these reasons. 5 Costs of the motion in the court below to be at the discretion of that judge who ultimately determines the motion. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: APPEAL - leave to appeal - applicable principles - whether applicants suffered injustice - whether primary judge in error.

CRIMINAL LAW - order under Criminal Assets Recovery Act 1990 restraining property - application to vary order to meet reasonable legal expenses of sentencing proceedings - whether precluded by undertaking to make no further application for legal expenses "with respect of the trial of drug charges" - whether sentencing proceedings "with respect of the trial of drug charges".