Woodcroft & Ors v Director of Public Prosecutions [2000] NSWCA 128

Woodcroft & Ors v Director of Public Prosecutions [2000] NSWCA 128

The restraining order and the order extending the waiting period were made without statutory power—s 48(1) did not empower the restraining order and s 45A(1) required satisfaction of s 44(7A) requirements, which were not met—accordingly, these orders must be set aside.

Jurisdiction
Australia
Judgment Date
29 May 2000
Procedural Posture
Appeal / Final Decision
Outcome
Appeal upheld; orders set aside.
Legal Topics
['proceeds of Crime Act' 'restraining Order' 'forfeiture' 'extension of Waiting Period' 'setting Aside Orders' 'interlocutory Appeals' 'ancillary Orders']
['criminal Law' 'property Law' 'procedure'] ['proceeds of Crime Act' 'restraining Order' 'forfeiture' 'extension of Waiting Period' 'setting Aside Orders' 'interlocutory Appeals' 'ancillary Orders']

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Procedural Posture

Appeal / Final Decision

Legal Issues

  1. 1 ["Whether restraining order and order extending waiting period were made without satisfaction of statutory matters required under the Proceeds of Crime Act 1987 (C'th)" 'Whether s 48(1) empowers the making of restraining orders of this kind' 'Whether orders made without compliance with s 44(7A) are invalid and must be set aside']

Ratio Decidendi

The restraining order and the order extending the waiting period were made without statutory power—s 48(1) did not empower the restraining order and s 45A(1) required satisfaction of s 44(7A) requirements, which were not met—accordingly, these orders must be set aside.

Court Disposition

Appeal upheld; orders set aside.

Orders

  • ['Extend time to apply for leave to appeal from the restraining orders and the order made by Simpson J on 9 December 1999.' 'Grant leave to appeal in relation to the orders.' 'Appeal upheld and the orders set aside.' 'Summons otherwise dismissed.' "First opponent pay the claimants' costs of the proceedings in the...