Director of Public Prosecutions v Afram [2022] NSWSC 1133

Director of Public Prosecutions v Afram [2022] NSWSC 1133

The delay in filing was due to a procedural mistake and adequately explained; the defendant was put on sufficient notice of the application; and, as the interests of justice favour allowing the application to proceed, leave is granted under s 13(3).

Jurisdiction
Australia
Judgment Date
22 August 2022
Procedural Posture
Confiscation Application / Application for Extension of Time to File Summons for Confiscation Order
Outcome
Leave granted to file summons out of time; no order as to costs.
Legal Topics
['confiscation Orders' 'extension of Time' 'interests of Justice' 'procedural Error']
['criminal Law' 'proceeds of Crime' 'civil Procedure'] ['confiscation Orders' 'extension of Time' 'interests of Justice' 'procedural Error']

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Procedural Posture

Confiscation Application / Application for Extension of Time to File Summons for Confiscation Order

Legal Issues

  1. 1 ['Whether leave should be granted to file a summons for a Confiscation Order outside the statutory six-month period under s 13(3) of the Confiscation of Proceeds of Crime Act 1989 (NSW)' 'Whether the delay in filing was satisfactorily explained' 'Whether it is in the interests of justice to grant leave']

Ratio Decidendi

The delay in filing was due to a procedural mistake and adequately explained; the defendant was put on sufficient notice of the application; and, as the interests of justice favour allowing the application to proceed, leave is granted under s 13(3).

Court Disposition

Leave granted to file summons out of time; no order as to costs.

Orders

  • ['Grant leave to the plaintiff pursuant to s 13(3) of the Confiscation of Proceeds of Crime Act 1989 (NSW) to file a summons for a Confiscation Order outside the six-month time limit.' 'No order as to costs.']