16 Oct 2013
DUNCAN v COMMISSIONER OF POLICE CA211/2012 [2013] NZCA 477
- Citation
- (2013) 26 CRNZ 796
- Court
- Court of Appeal
Mortgage repayments funded in part by proceeds of significant criminal activity effected incremental acquisition/augmentation of the registered proprietor's interest such that the registered proprietor's and, accordingly, the appellant's relationship property interest was in part acquired or derived from significant criminal activity and therefore constituted "tainted property" under s 5; the High Court properly exercised its civil jurisdiction prior to criminal resolution; factual findings justified conclusion appellant was not an innocent third party; appellant failed to establish "undue ha…