Visser v New South Wales Crime Commission

[2013] NSWCA 467

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Leave to appeal
3. › Application for leave to appeal
4. › Whether arguable case demonstrated
5. › Consent orders in criminal assets recovery proceedings
6. › Contracts Review Act 1980 (NSW)
1. Practice and Procedure
2. › Adjournment
3. › Application for adjournment to obtain legal aid
4. › Whether adjournment should be granted
5. › Belated application
6. › Unlikely prospect of grant of legal aid
1. Practice and Procedure
2. › Parties
3. › Tutor for minor
4. › Conflict of interest between tutor and child applicant
5. › Child applicant deriving no benefit from appeal
6. › Removal of child as applicant and joinder as respondent
1. Contract
2. › Contracts Review Act 1980 (NSW)
3. › Consent orders
4. › Whether consent orders constituted unjust contract
5. › Alleged corrupt payment
6. › Alleged lack of solicitor authority
7. › Alleged duress

Quick Take

A corrupt payment to a government officer cannot found a claim for relief under the Contracts Review Act 1980 (NSW). Where a child party's interests are not adversely affected by the orders under challenge and there is a conflict with the tutor's interests, the child should be removed as applicant and joined as respondent.

Case Details

Citation[2013] NSWCA 467

CourtNSWCA

JurisdictionNew South Wales

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