18 Dec 2007
SOLICITOR-GENERAL OF NEW ZEALAND V NGUYEN HC AK CIV 2007-404-5878
- Citation
- openlaw-ace50ff1_7e9a_492c_94f0_0251e213e078.pdf
- Court
- High Court
While s48 permits a distinction between tainted property and a non-tainted interest, the applicant failed to prove on the balance of probabilities that her interest was not tainted or not under the defendant's effective control; her evidence was uncorroborated and inconsistent, there was no demonstrated hardship, and the seriousness of the alleged offending and likelihood of forfeiture weighed against exclusion, so the application was declined.