DIRECTOR OF PUBLIC PROSECUTIONS v SAFFRON (NO 2) [1989] NSWCA 60

DIRECTOR OF PUBLIC PROSECUTIONS v SAFFRON (NO 2) [1989] NSWCA 60

Temporary injunctive relief should be granted to protect the subject matter pending a possible application for special leave to appeal, but only against those parties represented, with orders to continue for four days and parties granted liberty to apply; a stay is inappropriate where there is no order for execution.

Parties
Claimant: Director of Public Prosecutions; Opponent: Saffron; Opponent: MJ King
Jurisdiction
Australia
Judgment Date
30 May 1989
Procedural Posture
Motion / Interlocutory Application for Temporary Relief Pending a Possible Application for Special Leave to Appeal to the High Court
Outcome
Temporary injunctive relief granted to the Director for four days; stay denied.
Legal Topics
Stay of Orders, Injunctive Relief, Proceeds of Crime Act 1987
Criminal Law Civil Procedure Stay of Orders Injunctive Relief Proceeds of Crime Act 1987

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Parties

Director of Public Prosecutions

Claimant

Saffron

Opponent

MJ King

Opponent

Procedural Posture

Motion / Interlocutory Application for Temporary Relief Pending a Possible Application for Special Leave to Appeal to the High Court

Legal Issues

  1. 1 Whether the Court should grant a stay or injunction pending the decision on whether to seek special leave to appeal to the High Court
  2. 2 Whether relief should be granted against corporations not party to the motion without affording them an opportunity to be heard
  3. 3 Appropriate form of relief to protect subject matter of litigation

Ratio Decidendi

Temporary injunctive relief should be granted to protect the subject matter pending a possible application for special leave to appeal, but only against those parties represented, with orders to continue for four days and parties granted liberty to apply; a stay is inappropriate where there is no order for execution.

Court Disposition

Temporary injunctive relief granted to the Director for four days; stay denied.

Orders

  • Opponent and associates restrained from dealing with specified properties and shares until 4pm, Monday 5 June 1989 or earlier order.
  • Leave of Judge of Appeal or Court of Appeal required to deal with properties or shares.