NSW Crime Commission v John Visser & Ors [2012] NSWSC 1100

NSW Crime Commission v John Visser & Ors [2012] NSWSC 1100

The evidence did not establish a basis for relief under the Contracts Review Act 1980, as the consent order was entered into with proper authority and understanding, and no finding of unjustness or improper pressure could be made. No credible evidence supported the alleged prior settlement via payment or duress.

Jurisdiction
Australia
Judgment Date
21 August 2012
Procedural Posture
Motion to Set Aside Consent Order / Post Consent Order; Hearing of Motion to Set Aside Order
Outcome
Motion dismissed
Legal Topics
['proceeds Assessment Orders' 'consent Orders' 'contracts Review Act Application' 'asset Forfeiture']
['criminal Assets' 'civil Procedure'] ['proceeds Assessment Orders' 'consent Orders' 'contracts Review Act Application' 'asset Forfeiture']

Case Brief

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Procedural Posture

Motion to Set Aside Consent Order / Post Consent Order; Hearing of Motion to Set Aside Order

Legal Issues

  1. 1 ['Whether the consent order should be set aside under the Contracts Review Act 1980' 'Whether defendants executed the consent order voluntarily and with authority' 'Whether alleged prior payment or duress invalidated the consent order']

Ratio Decidendi

The evidence did not establish a basis for relief under the Contracts Review Act 1980, as the consent order was entered into with proper authority and understanding, and no finding of unjustness or improper pressure could be made. No credible evidence supported the alleged prior settlement via payment or duress.

Court Disposition

Motion dismissed

Orders

  • ['The motion to set aside the consent order is dismissed.']