Commissioner of the Australian Federal Police v Whittall and Anor [2020] NSWSC 1546

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of the Australian Federal Police v Whittall and Anor [2020] NSWSC 1546 Hearing dates: 30 October 2020 Date of orders: 30 October 2020 Decision date: 30 October 2020 Jurisdiction: Common Law Before: Johnson J Decision: See [94] of judgment. Catchwords: PROCEEDS OF CRIME - restraining order made under s.19 Proceeds of Crime Act 2002 (Cth) - exclusion order sought concerning certain property - defendants did not proceed with exclusion application which was dismissed - whether exclusion application "withdrawn" within s.49(3)(b) - held that exclusion application was withdrawn - s.49 forfeiture order made - valuation of property undertaken in accordance with s.56 of Act Legislation Cited: Civil Procedure Act 2005 (NSW) Crimes Act 1900 (NSW) Criminal Code (Cth) Proceeds of Crime Act 2002 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Commissioner of Australian Federal Police v Kanjo & Ors (2019) 1 QR 568; [2019] QCA 143 Commissioner of Australian Federal Police v Lee (2016) 310 FLR 293; [2016] NSWSC 915 Commissioner of Australian Federal Police v Omar [2020] NSWSC 418 Commissioner of Taxation of the Commonwealth of Australia v Consolidated Media Holdings Ltd (2012) 250 CLR 503; [2012] HCA 55 Commissioner of the Australian Federal Police v Vo (2015) 302 FLR 209; [2015] NSWSC 1523 Commissioner of the Australian Federal Police v W (No 3) [2016] NSWSC 1200 Commissioner of the Australian Federal Police v W (No 4) [2016] NSWSC 1554 Commissioner of the Australian Federal Police v W [2016] NSWSC 683 Independent Commission Against Corruption v Cunneen (2015) 256 CLR 1; [2015] HCA 14 Lee v Director of Public Prosecutions (Cth) (2009) 75 NSWLR 581; [2009] NSWCA 347 Lordianto v Commissioner of the Australian Federal Police (2019) 266 CLR 273; [2019] HCA 39 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 Texts Cited: --- Category: Principal judgment Parties: Commissioner of the Australian Federal Police (Plaintiff) Charles Anthony Whittall (First Defendant) Regan Boxall (Second Defendant) Representation: Counsel: Mr G O'Mahoney (Plaintiff) Mr CA Whittall and Ms R Boxall (In Person)