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Court of Appeal dismisses appeal from High Court, and affirms orders appointing a receiver over property pursuant to proceeds of crime legislation, on the grounds that: (a) the trial judge had been entitled to find that the respondent was on notice of a hearing date, and was therefore entitled to make the orders in his absence; (b) there had been sufficient evidence before the trial judge to conclude that the funds available to the respondent were greatly in excess of his accountable income and that they were therefore the proceeds of crime; and (c) the trial judge had correctly considered the relevant equitable principles in exercising his discretion to appoint a receiver.
Baker J (nem diss): Proceeds of crime - Proceeds ofCrime Acts 1996 to 2005 - applications by Criminal Assets Bureau - appointment of receivers over real and personal property - principal private residence of respondent - whether property was proceeds of crime - burden of proof - history of interim and interlocutory orders - properties identified as proceeds of crime - representations by respondent concerning appointment of receiver over principal private residence - absence of respondent at hearing - no representation - power of appeal court to establish an error on the part of a trial judge - evidence of service - whether premises were the proceeds of crime - evidence of funds greatly in excess of declared income - whether appointment of receiver was justified - exercise of court's discretion - preservation of property.
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