October Special Leave Rundown (No 2)

Three cases were given special leave to appeal at the blue moon Special Leave applications on Friday:

Director of Public Prosecutions (WA) v Bowers [2010] WASCA 46
and
Director of Public Prosecutions (WA) v White [2010] WASCA 47

Leave was granted in these two appeals which have been heard together in the Court of Appeal of the Supreme Court of Western Australia. These cases concern the breadth of the Criminal Property Confiscation Act 2000 (WA). In particular, it deals with the definition of what property is considered to be 'crime-used' for the purposes of s 146 and therefore potentially subject to a confiscation order. In some respects, the case turns on the approach that should be taken to statutory interpretation in legislation which is draconian in its effect.

Lanepoint Enterprises Pty Ltd (Receivers and Managers Appointed) v Australian Securities and Investments Commission [2010] FCAFC 49

Leave was granted in an appeal from the Full Court of the Federal Court. The case concerns applications for winding up by ASIC.

By virtue of the appointment of managers and receivers to Lanepoint, there arose, by virtue of the Corporations Act 2001 (Cth), a presumption of insolvency upon which ASIC relied to bring a an application for an order winding up Lanepoint. Lanepoint however claimed that it was not insolvent by virtue of a series of transactions which lowered one of its liabilities from around $6 million down to about $2 million. ASIC claimed that these transactions were invalid or void and should not be considered in determining the solvency of Lanepoint.

The question for the High Court - which the Full Court answered in the negative - will be whether the winding up proceedings are an appropriate venue to enter an enquiry as to the effectiveness of certain complex transactions with other companies who are not party to the proceedings.