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Application by State for examination order; application successful: Wilson J.
Primary Judgment
[2005] QSC 390
21 Dec 2005
Application by State for a proceeds assessment order and the forfeiture of property pursuant to the Criminal Proceeds Confiscation Act; cross-application to exclude property from forfeiture on the basis that it was not illegally acquired; finding that Toowong property was not illegally acquired property, but State application substantially successful: McMurdo J.
QCA Interlocutory Judgment
[2006] QCA 358
01 Jan 2006
Adjournment of appeal following illness of judge constituting appeal court: Jerrard and Keane JJA.
Appeal Determined (QCA)
[2006] QCA 431 [2008] 1 Qd R 484; (2006) 180 A Crim R 1
03 Nov 2006
Appeal against [2005] QSC 390 granted to include the benefit derived by the respondent as a result was the difference between the principal which was required to be repaid to the lender and the sale price received for Toowong property; although the property was not illegally acquired in the sense which would engage s 22(1), the profit on resale was a benefit in respect of which a proceeds assessment order might be made: Jerrard and Keane JJA and Jones J (Jerrard JA dissenting in part).
Appeal Determined (QCA)
[2006] QCA 523
08 Dec 2006
Application for costs of previously constituted Court of Appeal following reasons in [2006] QCA 431; costs previously reserved and appeal adjourned due to illness of judge; no reason to deny the successful party costs necessarily incurred by it in relation to the determination of the appeal in its favour: Jerrard and Keane JJA and Jones J.
Appeal Determined (QCA)
[2007] QCA 18
02 Feb 2007
Application for stay of enforcement of orders as amended by [2006] QCA 431 pending determination of special leave; balance of convenience favours applicant; stay on enforcement granting pending determination of special leave: Holmes JA.
Special Leave Refused (HCA)
[2007] HCATrans 386
02 Aug 2007
Special leave against [2006] QCA 431 refused; insufficient reasons to doubt the Court of Appeal's interpretation of the Criminal Proceeds Confiscation Act 2002 (Qld): Gummow and Heydon JJ.
Appeal Status
Appeal Determined - Special Leave Refused (HCA)
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