NSW Crime Commission v Mahoney [2002] NSWSC 1009

NSW Crime Commission v Mahoney [2002] NSWSC 1009

A serious issue was found regarding exemption of the Black Hill property from the forfeiture order, and the balance of convenience favored granting an interim injunction to restrain the sale until determination of the exclusion order application.

Parties
Plaintiff: New South Wales Crime Commission; Applicant: Robert Bradley Mahoney; Respondent: Public Trustee
Jurisdiction
Australia
Judgment Date
29 October 2002
Procedural Posture
Application for Injunction in Proceeds of Crime Matter / Interlocutory Decision on Interim Injunction Pending Determination of Exclusion Order
Outcome
Interim injunction granted restraining sale of the Black Hill property until further order of the Court pending determination of exclusion order application.
Legal Topics
Proceeds of Crime, Injunction, Exclusion Order, Forfeiture of Property
Criminal Law Proceeds of Crime Injunction Exclusion Order Forfeiture of Property

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Parties

New South Wales Crime Commission

Plaintiff

Robert Bradley Mahoney

Applicant

Public Trustee

Respondent

Procedural Posture

Application for Injunction in Proceeds of Crime Matter / Interlocutory Decision on Interim Injunction Pending Determination of Exclusion Order

Legal Issues

  1. 1 Whether interim injunction should be granted to restrain sale of forfeited property pending determination of exclusion order

Ratio Decidendi

A serious issue was found regarding exemption of the Black Hill property from the forfeiture order, and the balance of convenience favored granting an interim injunction to restrain the sale until determination of the exclusion order application.

Court Disposition

Interim injunction granted restraining sale of the Black Hill property until further order of the Court pending determination of exclusion order application.

Orders

  • Interim injunction to restrain sale of the Black Hill property until further order.