Centurion Trust Company Ltd v Director of Public Prosecutions (WA)
[2009] WASCA 97 (S)
•4 JUNE 2009
CENTURION TRUST COMPANY LTD -v- DIRECTOR OF PUBLIC PROSECUTIONS (WA) [2009] WASCA 97 (S)
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2009] WASCA 97 (S) | |
| THE COURT OF APPEAL (WA) | |||
| Case No: | CACV:64/2008 | 12 DECEMBER 2008, 17 JUNE 2009 & ON THE PAPERS | |
| Coram: | OWEN JA McLURE JA BUSS JA | 4/06/09 | |
| 6/07/09 | |||
| 4 | Judgment Part: | 1 of 1 | |
| Result: | Application dismissed and appeal dismissed | ||
| B | |||
| PDF Version |
| Parties: | CENTURION TRUST COMPANY LTD DIRECTOR OF PUBLIC PROSECUTIONS (WA) |
Catchwords: | Procedure Application to amend notice and grounds of appeal Turns on own facts |
Legislation: | Nil |
Case References: | Re Smith; Ex parte Director of Public Prosecutions for Western Australia (No 3) [2004] WASC 157 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE COURT OF APPEAL (WA) CITATION : CENTURION TRUST COMPANY LTD -v- DIRECTOR OF PUBLIC PROSECUTIONS (WA) [2009] WASCA 97 (S) CORAM : OWEN JA
- McLURE JA
BUSS JA
DECISION : 6 JULY 2009 FILE NO/S : CACV 64 of 2008 BETWEEN : CENTURION TRUST COMPANY LTD
- Appellant
AND
DIRECTOR OF PUBLIC PROSECUTIONS (WA)
Respondent
(Page 2)
ON APPEAL FROM:
Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA
Coram : TEMPLEMAN J
Citation : DIRECTOR OF PUBLIC PROSECUTIONS (WA) -v- CENTURION TRUST COMPANY LTD [NO 5] [2008] WASC 107
File No : CIV 2382 of 2003
Catchwords:
Procedure - Application to amend notice and grounds of appeal - Turns on own facts
Legislation:
Nil
Result:
Application dismissed and appeal dismissed
Category: B
Representation:
Counsel:
Appellant : Mr M L Bennett
Respondent : Mr T A Staples
Solicitors:
Appellant : Lavan Legal
Respondent : Director of Public Prosecutions (WA)
(Page 3)
Case(s) referred to in judgment(s):
Re Smith; Ex parte Director of Public Prosecutions for Western Australia (No 3) [2004] WASC 157
(Page 4)
1 JUDGMENT OF THE COURT: The court delivered its reasons for decision in this appeal on 4 June 2009. The appeal was from an order made by Templeman J on 6 June 2008 dismissing the appellant's application for an extension of time in which to file an objection to the confiscation of property under the Criminal Property Confiscation Act 2000 (WA).
2 Prior to the court making orders disposing of the appeal, the appellant applied for an extension of time to appeal from an order made by Templeman J on 18 April 2008 and for leave to amend the notice and grounds in this appeal to challenge the order made on 18 April 2008. On that date, Templeman J dismissed the appellant's application by chamber summons dated 7 July 2004 to set aside a confiscation declaration made by Roberts-Smith J on 2 July 2004 (Re Smith; Ex parte Director of Public Prosecutions for Western Australia (No 3) [2004] WASC 157). The appellant's application resulted from obiter observations in the court's reasons for decision. The respondent did not oppose the application being brought in this appeal.
3 The appellant's application relates to a different order made at a different time on a different subject than that under challenge in this appeal. Any challenge to the confiscation declaration made by Roberts-Smith J on 2 July 2004 can and should be the subject of separate proceedings and ought not to delay the finalisation of this appeal. However, it is appropriate that any subsequent application for an extension of time and appeal from the order made by Templeman J on 18 April 2008 be heard together and by this coram on an expedited basis.
4 Accordingly, the court hereby orders that:
1 The application dated 11 June 2009 be dismissed;
2. The appeal be dismissed; and
3. The appellant pay the respondent's costs of the appeal to be taxed.
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