Unlimited Business Consultants (Qld) Pty Ltd ACN 098 523 490 v Commissioner, Australian Federal Police [2003] FCA 707
The application for leave to appeal was refused because the proceeding concerned interlocutory relief, the applicants had failed primarily through inability to demonstrate any substantial detriment, and in those circumstances there were virtually no prospects of success on an appeal from the refusal of interlocutory relief.
- Jurisdiction
- Australia
- Judgment Date
- 17 June 2003
- Procedural Posture
- Application for Leave to Appeal / Interlocutory Relief; Leave to Appeal From Refusal of Interlocutory Relief
- Outcome
- Application for leave to appeal refused.
- Legal Topics
- ['proceeds of Crime Act 2002 (cth) S 227' 'leave to Appeal' 'interlocutory Relief' 'substantial Detriment' 'costs']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application for Leave to Appeal / Interlocutory Relief; Leave to Appeal From Refusal of Interlocutory Relief
Legal Issues
- 1 ['Whether leave to appeal should be granted from the refusal of interlocutory relief.' 'Whether the applicants demonstrated substantial detriment sufficient to support interlocutory relief.' 'Whether the proper construction of s 227 of the Proceeds of Crime Act 2002 (Cth) should be tested in this application.']
Ratio Decidendi
The application for leave to appeal was refused because the proceeding concerned interlocutory relief, the applicants had failed primarily through inability to demonstrate any substantial detriment, and in those circumstances there were virtually no prospects of success on an appeal from the refusal of interlocutory relief.
Court Disposition
Application for leave to appeal refused.
Orders
- ['The application for leave to appeal be refused.' "The applicants pay the respondents' costs of these proceedings."]
Full Case Text
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