Finn v Director of Public Prosecutions

Finn v Director of Public Prosecutions concerned an application by Matthew Finn, Wayne Finn, and Sabina Weck for an extension of time to apply for an exclusion order under section 22 of the Confiscation Act 1997. This followed the making of restraining orders in 2007. The applicants sought relief from the restraining orders, which they claimed to be unjust and oppressive. The application was brought outside the prescribed period, necessitating a consideration of whether the court should extend the time for making the application.

The court was required to determine whether the time for making an application under section 22 of the Confiscation Act should be extended. The relevant provision permits the court to extend time if it considers it just and equitable to do so, taking into account all the circumstances, including the length of the delay and the reason for the delay. The applicants argued that the delay was due to their unawareness of their rights under the Act and the absence of legal representation at the relevant time.

The court acknowledged the statutory framework under which the application was made and considered the factors relevant to the extension of time. It found that the delay was significant but noted the applicants' lack of awareness of their legal rights and the absence of legal representation. The court concluded that it was just and equitable to extend the time for making the application. Consequently, the court proposed to extend the period for making the application for an exclusion order and scheduled further hearings on the form of the orders and the question of costs.