The Commissioner of the Australian Federal Police v Memon (No. 1) [2020] NSWSC 1619

Supreme Court New South Wales

Medium Neutral Citation: The Commissioner of the Australian Federal Police v Memon (No. 1) [2020] NSWSC 1619 Hearing dates: 13 November 2020 Date of orders: 13 November 2020 Decision date: 13 November 2020 Jurisdiction: Common Law Before: Johnson J Decision: The Plaintiff is granted leave to cross-examine the Defendant in the proceedings. Catchwords: PROCEEDS OF CRIME – application under s.24 Proceeds of Crimes Act 2002 (Cth) ('POC Act') for payment to Defendant of reasonable living expenses – affidavits of Defendant in support of application – cross-examination of Defendant – general principle that leave required to cross-examine a witness in an interlocutory application – open question whether leave required given nature of the statutory scheme in POC Act – assumption that leave requirement applies to s.24 POC Act application – significant challenge to credibility and reliability of Defendant's evidence – cross-examination of Defendant to assist Court in determination of s.24 application – leave granted Legislation Cited: Evidence Act 1995 (NSW) Proceeds of Crime Act 2002 (Cth) Cases Cited: Bar-Mordecai v Attorney-General for the State of New South Wales (No 1) [2020] NSWSC 1216 Gwe v Commissioner of the Australian Federal Police [2020] NSWCA 247 Mariusz Zmudzinski v Cheapa Campa Pty Limited and Camper Travel Pty Limited [2011] NSWSC 997 Ren v Jiang [2014] NSWCA 1 Wu v Avin Operations Pty Limited (No 3) [2006] FCA 1321 Texts Cited: --- Category: Procedural and other rulings Parties: Commissioner of the Australian Federal Police (Plaintiff) Rehana Ali Mohamed Memon (Defendant) Representation: Counsel: Dr G O'Mahoney; Ms D Tang (Plaintiff) Mr PE King (Defendant)