Event and Time
Event Description
- Date of Restraining Order: August 11, 2010
- Property in Dispute: 283 Station Road, Albanvale, Victoria
- Net Proceeds from Sale: $276,094.23
- Trustee: Andrew McLellan
- Applicant: Austviet International Pty Ltd
The applicant seeks to exclude its interest in property from an automatic forfeiture following a restraining order related to an alleged drug trafficking operation (Operation Sethra). The restraining order is connected to Xam Le, who was detained on the same day the property was sold at auction.
Application and Claims
- The applicant claims relief under s 51 of the Confiscation Act 1997 (Vic) to exclude the proceeds from forfeiture.
- The Director of Public Prosecutions (DPP) opposes the application, citing delays and lack of neglect on the part of the applicant to apply for exclusion during the statutory period.
Judicial Decisions
- The judicial examination focuses on the definition of "neglect" under s 51(3) of the Act, whether the applicant failed to act diligently, and whether the court should grant leave to permit an out-of-time application for exclusion of the property from automatic forfeiture.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Position:
- Claims Xam Le was not properly served the restraining order at the time of auction. - Asserts reliance on legal counsel (Spicer Lawyers) regarding exclusion application. - Believes his lack of legal comprehension due to English being a second language contributed to the neglect.
- Director's Position:
- Contends Xam Le was served and explained the restraining order when apprehended. - Argues that Xam Le's knowledge of other property dealings indicates he should have acted on the restraining order. - Claims that any delay in applying for exclusion was the fault of the applicant and negated any suggestion of legal ignorance.