Odhner v FIU (MA 222/2016 arising in MC 87/2014) [2016] SCSC (20 July 2016);

IN THE SUPREME COURT OF SEYCHELLES

Civil Side: MA 222/2016

(arising in MC 87/2014)

 

[2016] SCSC 523    

 

 

CARL ODHNER

 

 

versus

 

FINANCIAL INTELLIGENCE UNIT

 

 


 

Heard:                         20 July 2016

Counsel:                      Ms Aglae for applicant

 

                                        

                                    Mr. Esparon for respondent

 

                                         

 

Delivered:                   20 July 2016


ORDER 


 

 

D. Karunakaran, J

 

[1]               This order refers to the notice of motion dated 8th July 2016 filed by the applicant namely Carl Odhner who has elected his legal domicile at suite no. 40, OJ Building, Mahe. Seychelles. The said applicant is represented herein by Attorney Ms Samantha Aglae.

[2]               I Carefully perused the affidavit filed in support of this motion also I note Mr. David Esparon learned Counsel for the respondent has informed the Court that he has no objection to the granting of the order sought by the applicant in this matter. Also I note, the term receiver means and includes Financial Intelligence Unit (FIU) of Central Bank, Victoria, Mahe Seychelles.

[3]               On the strength of the affidavit filed in support of the application I find it just and necessary that the following order should be made. I hereby order that the sum of USD 3,000 standing to the credit of the receiver herein in terms of the interlocutory order made on the 17th June 2015 pursuant to Section 4 of the Proceeds of Crime Civil Confiscation Act 2008 be paid by the said receiver to Ms Samantha Aglae Attorney for the Applicant herein. Since the said having been fraudulently obtained from the applicant a creative search incorporation.

[4]               Order is made accordingly.

 

 

Signed, dated and delivered at Ile du Port on 20 July 2016

 

 

 

 

D Karunakaran

Judge of the Supreme Court