Ex parte: Notice of Motion (46 of 2009) [2009] SCSC 141 (10 November 2009)

Ex parte: Notice of Motion (46 of 2009) [2009] SCSC 141 (10 November 2009)

The application was granted as the court was satisfied that the requirements for a restraint order and appointment of receiver under the Anti-Money Laundering Act 2006 as amended were met.

Citation
[2009] SCSC 141
Parties
Applicant: Attorney General; Respondent: Stephen Scholes
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
10 November 2009
Case Number
46 of 2009
Procedural Posture
Criminal / Ex Parte Application for Restraint Order and Appointment of Receiver
Outcome
restraint order and appointment of receiver granted
Legal Topics
Restraint Order, Appointment of Receiver, Proceeds of Crime
Source Language
English
Criminal Law Anti Money Laundering Restraint Order Appointment of Receiver Proceeds of Crime

Case Brief

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Parties

Attorney General

Applicant

Stephen Scholes

Respondent

Procedural Posture

Criminal / Ex Parte Application for Restraint Order and Appointment of Receiver

Legal Issues

  1. 1 Whether a restraint order should be granted under Section 27 of the Anti-Money Laundering Act 2006 as amended
  2. 2 Whether a receiver should be appointed for the property in question

Ratio Decidendi

The application was granted as the court was satisfied that the requirements for a restraint order and appointment of receiver under the Anti-Money Laundering Act 2006 as amended were met.

Court Disposition

restraint order and appointment of receiver granted

Orders

  • A restraint order is issued prohibiting Stephen Scholes or any other person from dealing with the specified property.
  • Liam Hogan, Deputy Director of FIU, is appointed Receiver of the property.