The appellants appealed the dismissal of their motion under Rule 59.06(2) of the Rules of Civil Procedure to set aside forfeiture orders made under the Civil Remedies Act, 2001.
The forfeiture orders were granted after the appellants failed to comply with a peremptory timetable to respond to the Attorney General's application.
The Court of Appeal dismissed the appeal, agreeing with the motion judge that the appellants' failure to obtain necessary bank documentation did not constitute 'facts arising or discovered' after the order was made, and thus Rule 59.06(2) did not apply.
