NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Commissioner of the Australian Federal Police v Tjongosutiono [2020] NSWSC 1815 Hearing dates: 25-27 November 2020 Date of orders: 17 December 2020 Decision date: 17 December 2020 Jurisdiction: Common Law Before: Harrison J Decision: Application dismissed with costs Catchwords: PROCEEDS OF CRIME – Proceeds of Crime Act 2002 – application for exclusion order – property including interest in bank account – deposits made to account by way of money laundering – "cuckoo smurfing" – whether property ceased to be proceeds of crime – whether circumstances were such that would not arouse a reasonable suspicion that the property was proceeds of an offence or an instrument of an offence Legislation Cited: Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) Criminal Code Act 1995 (Cth) Proceeds of Crime Act 2002 (Cth) Cases Cited: Gwe v Commissioner of the Australian Federal Police [2020] NSWCA 247 Lordianto v Commissioner of the Australian Federal Police (2019) 266 CLR 237; [2019] HCA 39 The Commissioner of the Australian Federal Police v Tjongosutiono [2018] NSWSC 48 Category: Principal judgment Parties: Commissioner of the Australian Federal Police (Plaintiff) Johannes Tjongosutiono (Defendant) Representation: Counsel: A R Moses SC with L T Livingston and H C Cooper (Plaintiff) B W Walker SC with L Chapman (Defendant)
Solicitors: Australian Federal Police (Plaintiff) Avantro (Defendant) File Number(s): 2015/00293932 Publication restriction: Nil
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