Unlimited Business Consultants (Qld) Pty Ltd ACN 098 523 490 v Commissioner, Australian Federal Police [2003] FCA 706

Unlimited Business Consultants (Qld) Pty Ltd ACN 098 523 490 v Commissioner, Australian Federal Police [2003] FCA 706

The application for interlocutory relief was refused, as the applicants had not shown substantial prospects of success nor a measurable prejudice, and the respondents’ offer of access to documents mitigated inconvenience. The balance of convenience did not favour the applicants.

Jurisdiction
Australia
Judgment Date
17 June 2003
Procedural Posture
Application for Judicial Review / Interlocutory Application
Outcome
application for interlocutory relief refused
Legal Topics
['search Warrants' 'judicial Review' 'proceeds of Crime']
['criminal Law' 'administrative Law'] ['search Warrants' 'judicial Review' 'proceeds of Crime']

Case Brief

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Procedural Posture

Application for Judicial Review / Interlocutory Application

Legal Issues

  1. 1 ['Whether warrants issued under s 225 of the Proceeds of Crime Act 2002 (Cth) adequately specified the property to be searched for.' 'Whether the execution of the warrants by the Australian Federal Police exceeded lawful authority.' 'Whether interlocutory relief restraining access to seized documents should be granted pending final determination.']

Ratio Decidendi

The application for interlocutory relief was refused, as the applicants had not shown substantial prospects of success nor a measurable prejudice, and the respondents’ offer of access to documents mitigated inconvenience. The balance of convenience did not favour the applicants.

Court Disposition

application for interlocutory relief refused

Orders

  • ['The application for interlocutory relief be refused.']