Koushappis v The State of Western Australia [No 2]

The case of Koushappis v The State of Western Australia [No 2] involved the appellant, who was a declared drug trafficker, appealing against a confiscation order made by the primary judge in his absence. The primary judge had made a declaration of confiscation of the appellant's property under section 30 of the Criminal Property Confiscation Act 2000 (WA). The confiscation order was made at a hearing in the absence of the appellant and his solicitors. The appellant subsequently applied for an extension of time to appeal the confiscation order, which was granted. However, the appeal was ultimately dismissed.

The court had to determine whether the primary judge's failure to give the appellant and his solicitors notice of the confiscation hearing was a breach of procedural fairness. The court also had to consider whether the primary judge's decision to make the confiscation order in the absence of the appellant and his solicitors was an error of law. Finally, the court had to assess whether the appellant had established that he was unable to appeal within the time limits prescribed by law.

The court found that the primary judge's failure to give the appellant and his solicitors notice of the confiscation hearing was not a breach of procedural fairness. The court held that the primary judge had acted within his discretion in making the confiscation order in the absence of the appellant and his solicitors. The court also found that the appellant had not established that he was unable to appeal within the time limits prescribed by law. As a result, the appeal was dismissed.

The court did not make any orders in relation to the confiscation order. The confiscation order made by the primary judge remained in place.