The case applies the established framework for stay applications pending appeal in the context of criminal proceeds confiscation orders under s 46 of the Criminal Proceeds Confiscation Act 2002 (Qld). The relevant considerations include: (1) whether the applicant has demonstrated an arguable case on appeal; (2) the applicant's delay; (3) the risk of dissipation or depreciation of restrained property; (4) delay in seeking the stay; and (5) whether the applicant has demonstrated prejudice from refusal. Where sale proceeds remain restrained under the original restraining order, the absence of demonstrated prejudice weighs heavily against a stay.
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