28 Sept 2006
RE C
- Citation
- RE C
- Court
- Court of Appeal
- Case number
- CACV405/2004
Section 138 does not contravene Article 63 because the power to order prosecution is ancillary to the court's bankruptcy supervisory jurisdiction, does not itself bind or control the Secretary for Justice's prosecutorial prerogatives, and can and should be construed as subject to the Secretary's statutory powers to authorize, withdraw, or discontinue prosecutions; accordingly the Court of Appeal allowed the appeals and held the section 138 power valid.