THE COMMISSIONER OF POLICE V DICKSON & ORS HC AK CIV-2012-404-002574
Having considered the affidavit evidence and memorandum and being satisfied it was proper to do so, the Court granted the application and ordered registration of the New South Wales restraining order on an interim basis for 21 days to enable filing of the foreign order, after which, if filed, the restraining order...
Source-derived case information.
- Citation
- openlaw-c8d85753_743d_4709_8073_20a324593c82.pdf
- Parties
- Applicant: THE COMMISSIONER OF POLICE; First Respondent: ANTHONY JAMES DICKSON; Second Respondent: MICHAEL JOHN ISSAKIDIS; Interested Party: DAMPIER FINANCE FX SOLUTIONS LIMITED; Interested Party: BANK OF NEW ZEALAND
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 31 May 2012
- Procedural Posture
- Mutual Assistance in Criminal Matters Act 1992; Criminal Proceeds (recovery) Act 2009 / Application for Registration of Foreign Restraining Order (interim Registration Sought for 21 Days)
- Outcome
- Application to register foreign restraining order granted.
- Legal Topics
- Registration of Foreign Restraining Order, Interim Restraining Order, Recognition and Enforcement, Procedural Non‑appearance
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
THE COMMISSIONER OF POLICE
Applicant
ANTHONY JAMES DICKSON
First Respondent
MICHAEL JOHN ISSAKIDIS
Second Respondent
DAMPIER FINANCE FX SOLUTIONS LIMITED
Interested Party
BANK OF NEW ZEALAND
Interested Party
Procedural Posture
Mutual Assistance in Criminal Matters Act 1992; Criminal Proceeds (recovery) Act 2009 / Application for Registration of Foreign Restraining Order (interim Registration Sought for 21 Days)
Legal Issues
- 1 Whether to register a New South Wales Supreme Court restraining order under the Mutual Assistance in Criminal Matters Act 1992 and the Criminal Proceeds (Recovery) Act 2009
- 2 Whether registration could be made on an interim basis without notice
- 3 Appropriate duration and effect of registration
Ratio Decidendi
Having considered the affidavit evidence and memorandum and being satisfied it was proper to do so, the Court granted the application and ordered registration of the New South Wales restraining order on an interim basis for 21 days to enable filing of the foreign order, after which, if filed, the restraining order would remain registered until 1 June 2014.
Court Disposition
Application to register foreign restraining order granted.
Orders
- Restraining Order registered on interim basis for 21 days to enable a copy of the Foreign Restraining Order to be filed with the Registrar.
- If a copy of the Foreign Restraining Order is filed within that period the Restraining Order will remain registered in New Zealand until 1 June 2014.
Full Case Text
Judgment text and source record
1 paragraphs
THE COMMISSIONER OF POLICE V DICKSON & ORS HC AK CIV-2012-404-002574 [31 May 2012]IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYCIV-2012-404-002574[2012] NZHC 1213IN THE MATTER OF an application pursuant to the MutualAssistance in Criminal matters Act 1992and The Criminal Proceeds (Recovery) Act2009BETWEEN THE COMMISSIONER OF POLICEApplicantAND ANTHONY JAMES DICKSONFirst RespondentAND MICHAEL JOHN ISSAKIDISSecond RespondentAND DAMPIER FINANCE FX SOLUTIONSLIMITEDInterested PartyAND BANK OF NEW ZEALANDInterested PartyHearing: 31 May 2012Counsel: MD Downs for ApplicantNo appearance for Respondents or Interested PartiesJudgment: 31 May 2012JUDGMENT OF TOOGOOD JThis judgment was delivered by me on 31 May 2012 at 4:00 pmPursuant to Rule 11.5 High Court RulesRegistrar/Deputy RegistrarSolicitors:M Downs, Crown Law Wellington: Mathew.downs@crownlaw.govt.nz[1] Pursuant to the Mutual Assistance in Criminal Matters Act 1992 and The Criminal Proceeds (Recovery) Act 2009, the Commissioner seeks registration of a Restraining Order made by the New South Wales Supreme Court on 26 April 2012.[2] An interim Foreign Restraining Order was made without notice by Venning J on 11 May 2012. Mr Downs has sought an order for registration for a period of 21 days to enable a copy of the Foreign Restraining Order to be filed with the Registrar. In that event, the Restraining Order will remain registered in New Zealand until 1 June 2014.[3] On the basis of the affidavit evidence filed and the memorandum of submissions by counsel for the applicant, being satisfied that it is proper to do so, I make the orders in terms of the Draft Orders dated 31 May 2012 filed by counsel for the Crown............................................... Toogood J