Those sentiments, that are obiter dicta, were repeated by White J in Tedesco at paragraphs [1]
› [15] especially at [15].
In those circumstances, I am prepared to make an Order extending the relevant period (for ss74 (1) and (2) of the Act and as defined in ss.74(6) of the Act) to a period ending on 17 August 2014, pursuant to ss.75(1) and (2) of the Act. That order for extension is made in circumstances where the Director has already given the undertaking as to damages and/or costs that has been recorded by Judge Smith in his order of 22 February 2012 and that undertaking continues.
I therefore refer this matter to the Master’s list for interlocutory orders to be made about the application to be resolved by the Court under the terms of the Act.
All that need be said is that currently, on the literal meaning of the provisions of the Act,[6] this matter must be heard and determined by judgment of a Judge of this Court before 17 August 2014. In the absence of such determination and consistent with what fell from White J in George and Tedesco then on that day the property is forfeited to the Crown under the operation of the Act.
