Alissop v Attorney General (146 of 2010) [2011] SCSC 25 (3 March 2011)

Alissop v Attorney General (146 of 2010) [2011] SCSC 25 (3 March 2011)

The applicant failed to provide evidence of his financial means or lack thereof, and did not meet the threshold of showing it was essential to release the funds. Application dismissed.

Source-derived case information.

Citation
[2011] SCSC 25
Parties
Applicant: Clive Lawry Alissop; Respondent: The Attorney General
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
3 March 2011
Case Number
146 of 2010
Procedural Posture
Miscellaneous Application (arising From Civil Side) / Ruling on Application for Release of Funds Under POCA
Outcome
Application dismissed with costs
Legal Topics
Interim Orders, Release of Restrained Property, Legal Expenses, Living Expenses
Source Language
english
Proceeds of Crime Civil Procedure Interim Orders Release of Restrained Property Legal Expenses Living Expenses

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Parties

Clive Lawry Alissop

Applicant

The Attorney General

Respondent

Procedural Posture

Miscellaneous Application (arising From Civil Side) / Ruling on Application for Release of Funds Under POCA

  1. 1 Whether the applicant is entitled to the release of SR200,000 for legal and living expenses under section 7(1)(a) of the Proceeds of Crime (Civil Confiscation) Act

Ratio Decidendi

The applicant failed to provide evidence of his financial means or lack thereof, and did not meet the threshold of showing it was essential to release the funds. Application dismissed.

Court Disposition

Application dismissed with costs

Orders

  • Application for release of SR200,000 dismissed
  • Applicant to pay costs