Application by the Commissioner of the Australian Federal Police [2020] NSWSC 695

Supreme Court New South Wales

Medium Neutral Citation: Application by the Commissioner of the Australian Federal Police [2020] NSWSC 695 Hearing dates: 31 March 2020 Date of orders: 11 June 2020 Decision date: 11 June 2020 Jurisdiction: Common Law Before: Davies J Decision: (1) Pursuant to s 49 of the Proceeds of Crime Act 2002 (Cth) the property specified in the Schedule to these orders is forfeited to the Commonwealth.

(2) Pursuant to s 69(2) of the Proceeds of Crime Act 2002 (Cth), leave is given to the Commonwealth to dispose of, or otherwise deal with, the property forfeited by order 1 above, immediately.

(3) In the event that the registration of C C & B International Pty Limited (ACN 140 719 722) is reinstated, it is to pay the plaintiff's costs of the proceedings.

SCHEDULE

Funds standing to the credit of Commonwealth Bank of Australia account number 06 2184 1108 1708 held in the name of C C & B International Pty Ltd (ACN 140 719 722) together with any interest earned thereon. Catchwords: PROCEEDS OF CRIME – restraining order made over property under Proceeds of Crime Act 2002 (Cth) – application for forfeiture – whether exclusion application had been "withdrawn" for the purposes of s 49 – where exclusion applications had been made and dismissed – where applicant not required to satisfy s 49(1)(c) if no exclusion application on foot at the time of forfeiture application – where court satisfied that payments made into company's bank account are proceeds of crime regardless – where property is forfeited to the Commonwealth Legislation Cited: Acts Interpretation Act 1901 (Cth) ss 15AA, 15AB Australian Meat & Live-stock Industry Act 1997 (Cth). Corporations Act 2001 (Cth) ss 601AB, 601AD Criminal Code Act 1995 (Cth) s 400.9 Evidence Act 1995 (Cth) s 140 Proceeds of Crime Act 2002 (Cth) ss 49, 69 Uniform Civil Procedure Rules 2005 (NSW) r 12.7 Cases Cited: Application by the Commissioner of the Australian Federal Police [2018] NSWSC 1563 Briginshaw v Briginshaw (1938) 60 CLR 336 Commissioner of the Australia Federal Police v Courtenay Investments Ltd (No. 4) [2015] WASC 101 Commissioner of the Australian Federal Police v Dong Hua International Investments Pty Ltd Yuhong Zhou [2016] VSCA 15 Commissioner of the Australian Federal Police v Vo [2015] NSWSC 1523 Commissioner of the Australian Federal Police v Lee [2016] NSWSC 915 Texts Cited: Nil Category: Procedural and other rulings Parties: Commissioner of the Australian Federal Police (Plaintiff) Representation: Counsel: L Livingston (Plaintiff)