State of Queensland v Kahn Nhat Bui

[2005] QSC 293

[2005] QSC 293

SUPREME COURT OF QUEENSLAND

CIVIL JURISDICTION

MACKENZIE J

STATE OF QUEENSLAND	Applicant
and
KAHN NHAT BUI	Respondent

BRISBANE

..DATE 18/10/2005

JUDGMENT

HIS HONOUR:  On the 6th of September 2005 I heard and

dismissed an application by the State of Queensland under

section 28(3)(a) of the Criminal Proceeds Confiscation Act

2002.

Order 1 that I made on that day was to that effect.  Order 2

was an order publishing the reasons with a restriction that

they were confidential to the applicant until further order.

That order was made on the basis that there was an ongoing

police investigation in respect of potentially serious

offences that might be jeopardised if the reasons were

published without restriction in the usual way.  Since that

order was made there has been significant publicity given to

the nature of the investigation.  The reason for

confidentiality has therefore been dissipated.

In conformity with my belief that the work of the courts

should be done in public except where legislation requires

otherwise or there is some other compelling reason, I gave the

applicant the opportunity to advance any submissions against

removing the restriction on dissemination of the reasons.

An additional factor is that the reasons may be of assistance

to parties to such applications in the future because of the

issues discussed.  The applicant through its legal

representative responded that there was no reason why

confidentiality is necessary any longer.

Accordingly, I make an order today that notwithstanding order

2 made on the 6th of September 2005, the reasons for judgment

delivered on the 6th of September 2005 be published in

accordance with usual practice.  The consequence of that order

is that the reasons and these additional reasons which I wish

to have taken in conjunction with the reasons of the 6th of

September 2005 will be available now for publication in the

usual way.

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