New South Wales Crime Commission v Fox and Lynch

The respondents, Fox and Lynch, were subject to a proceeding for the forfeiture of proceeds of crime by the New South Wales Crime Commission. The Commission applied for restraining orders on the respondents' assets to prevent their dissipation. The respondents argued that the orders were invalid because they were not served in the prescribed manner. The court had to determine whether the Commission's application was valid despite the procedural error. The court found that the orders were valid, even though they were not served in the prescribed manner. The court held that the respondents were aware of the proceedings and had an opportunity to respond, and that the public interest in preventing the dissipation of assets outweighed any procedural error.

The court held that the orders were valid, and the application was properly made. The court found that the respondents had failed to demonstrate any prejudice caused by the procedural error, and that the orders were necessary to prevent the dissipation of assets. The court also held that the Commission had acted in good faith and had a reasonable belief that the orders were necessary. The court concluded that the application for restraining orders was valid, and the orders should be upheld. The court found that the Commission had acted within its statutory powers and had a reasonable basis for making the application. The court also held that the public interest in preventing the dissipation of assets outweighed any procedural error.