Permanent Trustee Co Ltd v The State of Western Australia

This case was heard in the Supreme Court of Western Australia in Chambers. The applicant, Permanent Trustee Co Ltd, sought to sell property that was frozen under a freezing notice issued under the Criminal Property Confiscation Act 2000 (WA). The second respondent, Colin James Ritchie, sought to be given control and management of the property. The Director of Public Prosecutions did not object to either application. The legal issues the court was required to decide related to the interpretation of the Criminal Property Confiscation Act 2000 (WA) and the extent to which it permits a mortgagee to sell property that is frozen under a freezing notice. The court found that the Act does not permit a mortgagee to sell property that is frozen under a freezing notice, even if the mortgagee contends that the freezing notice has triggered a default provision in the mortgage. The court also found that the Act does not permit a mortgagor to be given control and management of the property in order to rent it out and use the proceeds to pay the mortgage. The applications were dismissed.