New South Wales Crime Commission v Jason Lee [2011] NSWSC 854

New South Wales Crime Commission v Jason Lee [2011] NSWSC 854

The undertakings given by the applicants not to make further applications for reasonable legal expenses with respect of the trial of drug charges include the sentencing proceedings; therefore, the current application for further legal expenses for sentence proceedings is precluded.

Jurisdiction
Australia
Judgment Date
10 August 2011
Procedural Posture
Notice of Motion / Decision on Application to Vary Restraining Order for Legal Expenses
Outcome
Notice of Motion dismissed; applicants to pay respondent's costs.
Legal Topics
['restraining Orders' 'legal Expenses' 'interpretation of Undertakings' 'confiscation of Assets']
['criminal Law' 'proceeds of Crime'] ['restraining Orders' 'legal Expenses' 'interpretation of Undertakings' 'confiscation of Assets']

Case Brief

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Procedural Posture

Notice of Motion / Decision on Application to Vary Restraining Order for Legal Expenses

Legal Issues

  1. 1 ['Whether sentencing proceedings are included in the undertakings not to seek further legal expenses under restraining orders' 'Construction of undertakings given to the Court in prior orders regarding legal expenses']

Ratio Decidendi

The undertakings given by the applicants not to make further applications for reasonable legal expenses with respect of the trial of drug charges include the sentencing proceedings; therefore, the current application for further legal expenses for sentence proceedings is precluded.

Court Disposition

Notice of Motion dismissed; applicants to pay respondent's costs.

Orders

  • ['Order that the Notice of Motion dated 6 July 2011 be dismissed.' "Order that the applicants pay the respondent's costs."]