The Commissioner of the Australian Federal Police v Pharmacy Depot Hurstville Pty Ltd (in liq) (No 2) [2020] NSWSC 1571

Supreme Court New South Wales

Medium Neutral Citation: The Commissioner of the Australian Federal Police v Pharmacy Depot Hurstville Pty Ltd (in liq) (No 2) [2020] NSWSC 1571 Hearing dates: 28 May and 29 October 2019 Date of orders: 6 November 2020 Decision date: 06 November 2020 Jurisdiction: Common Law Before: Walton J Decision: The Court orders: (1) The amended motion is dismissed. (2) Pharmacy Depot shall pay the costs of the Commissioner as agreed or in default as assessed. Catchwords: CRIMINAL LAW – Proceeds of crime – Restraining orders – Application for orders for allowance out of restrained company bank account – where applicant court-appointed liquidator – where forfeiture orders on foot – where criminal proceedings on foot STATUTORY CONSTRUCTION – Whether liquidation costs, remuneration and disbursements enliven Court's discretion pursuant to Proceeds of Crime Act 2002 (Cth), ss 24(1)(c) and 24(1)(d) – intersection of Commonwealth statutes – whether lacuna exists between Corporations Act 2001 (Cth) and Proceeds of Crime Act Legislation Cited: Acts Interpretation Act 1901 (Cth) Australian Federal Police Act 1979 (Cth) Bankruptcy Act 1966 (Cth) Confiscation Act 1997 (Vic) Corporations Act 2001 (Cth) Crime (Confiscation of Profits) Act 1993 (Tas) Criminal Assets Confiscation Act 2005 (SA) Criminal Code Act 1995 (Cth) Criminal Proceeds Confiscation Act 2002 (Qld) Criminal Property Confiscation Act 2000 (WA) Criminal Property Forfeiture Act 2002 (NT) Proceeds of Crime Act 2002 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Australian Leisure and Hospitality Group Pty Ltd v Director of Liquor Licensing [2012] WASC 463 Certain Lloyd's Underwriters Subscribing to Contract No IH00AAQS v Cross; Certain Lloyd's Underwriters Subscribing to Contract No IH00AAQS v Thelander (2012) 248 CLR 378; [2012] HCA 56 Commissioner of Taxation v Consolidated Media Holdings Ltd (2012) 250 CLR 503; [2012] HCA 55 Commissioner of the Australian Federal Police v Elzein (2017) 94 NSWLR 700; [2017] NSWCA 142 Commissioner of the Australian Federal Police v Hart (2018) 262 CLR 76; [2018] HCA 1 Commissioner of the Australian Federal Police v Pharmacy Depot Hurstville Pty Ltd (In Liquidation) [2018] NSWSC 1284 In the matter of Dungowan Manly Pty Ltd (in liq) (2015) 105 ACSR 648; [2015] NSWSC 491 Secretary, Department of Education, Employment, Training and Youth Affairs v Prince (1997) 152 ALR 127; [1997] FCA 1565 SZTAL v Minister for Immigration and Border Protection (2017) 262 CLR 362; [2017] HCA 34 The King v Brown (1912) 14 CLR 17; [1912] HCA 6 Category: Principal judgment Parties: The Commissioner of the Australian Federal Police (Plaintiff/Respondent) Pharmacy Depot Hurstville Pty Ltd (in Liq) (First Defendant/Applicant) Yaakop (Jacob) Youssef (Second Defendant) Hamza Amin Zoghbi (Third Defendant) Representation: Counsel: E A Cheeseman SC with B K Koch (Plaintiff/Respondent) E A J Hyde (First Defendant/Applicant)