F.B Choppy (Pty) Ltd v Kazou (27 of 2011) [2011] SCSC 34 (29 May 2011)

F.B Choppy (Pty) Ltd v Kazou (27 of 2011) [2011] SCSC 34 (29 May 2011)

The court was satisfied on a balance of probability that the respondent may be in receipt of property that is wholly or partly the proceeds of criminal conduct or acquired in connection with such property, justifying the issuance of an interlocutory order and appointment of a receiver.

Citation
[2011] SCSC 34
Parties
Applicant: Financial Intelligence Unit; Respondent: Kazou B V
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
29 May 2011
Case Number
27 of 2011
Procedural Posture
Civil / Interlocutory Application Ruling
Outcome
Application allowed
Legal Topics
Interlocutory Orders, Appointment of Receiver, Bank Account Freezing
Source Language
English
Proceeds of Crime Civil Confiscation Money Laundering Interlocutory Orders Appointment of Receiver Bank Account Freezing

Case Brief

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Parties

Financial Intelligence Unit

Applicant

Kazou B V

Respondent

Procedural Posture

Civil / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether the respondent's bank accounts contain proceeds of crime or property connected to criminal conduct
  2. 2 Whether an interlocutory order prohibiting dealing with the accounts should be issued
  3. 3 Whether a receiver should be appointed for the specified property

Ratio Decidendi

The court was satisfied on a balance of probability that the respondent may be in receipt of property that is wholly or partly the proceeds of criminal conduct or acquired in connection with such property, justifying the issuance of an interlocutory order and appointment of a receiver.

Court Disposition

Application allowed

Orders

  • Section 4 interlocutory order issued prohibiting disposal or dealing with the money in the respondent's three Barclays Bank (Seychelles) Ltd accounts
  • Liam Hogan appointed as receiver to hold the specified property in an interest bearing account pending further orders