The Commissioner of the Australian Federal Police v Tjongosutiono [2020] NSWSC 908

Supreme Court New South Wales

Medium Neutral Citation: The Commissioner of the Australian Federal Police v Tjongosutiono [2020] NSWSC 908 Hearing dates: 24 June 2020 Date of orders: 24 June 2020 Decision date: 24 June 2020 Jurisdiction: Common Law Before: Wilson J Decision: 1) Notice of Motion filed 21 February 2020 is dismissed. 2) Costs ordered on ordinary basis in favour of the Commissioner payable by the defendant for the costs of these proceedings. 3) The parties are to provide draft Short Minutes of Order to my Chambers via email by 4pm 25 June 2020 as to the future listing of the matter. Catchwords: CIVIL LAW – PROCEEDS OF CRIME – application for a stay of proceedings pending determination of unrelated matter before the Court of Appeal – where appeal matter turns on question of fact – whether similarity of fact suggests utility in awaiting the appeal decision Legislation Cited: Civil Proceedings Act 2005 (NSW) Civil Procedure Act 2005 (NSW) Proceeds of Crime Act 2002 (Cth) Cases Cited: Lordianto v The Commissioner of the Australian Federal Police [2019] HCA 39; (2019) 93 ALJR 1282 The Commissioner of the Australian Federal Police v Gwe & Hoang [2018] NSWSC 992; (2018) 273 A Crim R 410 The Commissioner of the Australian Federal Police v Johannes Tjongosutiono [2018] NSWSC 48 The Commissioner of the Australian Federal Police v Kalimuthu (No 3) [2017] WASC 108; (2017) 338 FLR 241 The Commissioner of the Australian Federal Police v Lordianto [2017] NSWSC 1196; (2017) 268 A Crim R 563 The Commissioner of the Australian Federal Police v Sun [2017] NSWSC 1476 Category: Principal judgment Parties: The Commissioner of the Australian Federal Police (Plaintiff) Johannes Tjongosutiono (Defendant) Representation: Counsel: A Moses SC (Plaintiff) L Chapman (Defendant)