Day v Zijin Ltd & Ors (Miscellaneous Application No. 71 of 2011, Civil Side No. 342 of 2010) [2011] SCSC 43 (30 June 2011)

Day v Zijin Ltd & Ors (Miscellaneous Application No. 71 of 2011, Civil Side No. 342 of 2010) [2011] SCSC 43 (30 June 2011)

Where a victim can show that property subject to an interlocutory order is rightfully theirs and there is no evidence of knowledge or negligence regarding the criminal activity, it would be an injustice not to restore the property to them under section 4(3)(b) of POCA.

Citation
[2011] SCSC 43
Parties
Applicant: David Day; Respondent: Zijin
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
30 June 2011
Case Number
Miscellaneous Application No. 71 of 2011, Civil Side No. 342 of 2010
Procedural Posture
Civil Application / Ruling on Application to Vary Interlocutory Order
Outcome
application allowed
Legal Topics
Variation of Interlocutory Order, Victim's Interest in Confiscated Property
Source Language
English
Proceeds of Crime Civil Confiscation Variation of Interlocutory Order Victim's Interest in Confiscated Property

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Parties

David Day

Applicant

Zijin

Respondent

Procedural Posture

Civil Application / Ruling on Application to Vary Interlocutory Order

Legal Issues

  1. 1 Whether the applicant is entitled to a variation of the interlocutory order under section 4(3) of POCA to release funds as a victim of fraud

Ratio Decidendi

Where a victim can show that property subject to an interlocutory order is rightfully theirs and there is no evidence of knowledge or negligence regarding the criminal activity, it would be an injustice not to restore the property to them under section 4(3)(b) of POCA.

Court Disposition

application allowed

Orders

  • The interlocutory order is varied to allow the receiver to remit £100,000 to the applicant.
  • The receiver is authorised to release the said sum to the applicant.