Gwe v Commissioner of the Australian Federal Police (No 2) [2020] NSWCA 350

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Gwe v Commissioner of the Australian Federal Police (No 2) [2020] NSWCA 350 Hearing dates: On the papers Date of orders: 21 December 2020 Decision date: 21 December 2020 Before: Bathurst CJ; Bell P; Emmett AJA Decision: Vary Order 3(c) made on 2 October 2020 by adding after "this appeal" ", such costs to be paid on an indemnity basis after 30 March 2020" Catchwords: PROCEEDS OF CRIME – award of costs – whether "all costs" should be awarded to the appellants who succeeded in securing an order that certain property be excluded from a freezing order Legislation Cited: Proceeds of Crime Act 2002 (Cth) ss 19, 29, 31, 180 323 Proceeds of Crime Act 1987 (Cth) s 101 Cases Cited: Diez v Director of Public Prosecutions (Cth) (2004) 62 NSWLR 1; [2004] NSWCA 452 Fowkes v Deputy Director of Public Prosecutions [1997] 2 VR 506 Gwe v Commissioner of the Australian Federal Police [2020] NSWCA 247 Lordianto v Commissioner of the Australian Federal Police (2019) 266 CLR 273; [2019] HCA 39 Category: Costs Parties: Yoo Tak Gwe (First Appellant) Tan Soi Hoang (Second Appellant) Commissioner of the Australian Federal Police (Respondent) Representation: Counsel:

B W Walker SC with E W L Greaves and A L Oakes (Appellants) A R Moses SC with L T Livingston and H C Cooper (Respondent)

Solicitors:

Lincolns Lawyers and Consultants (Appellants) Commissioner of the Australian Federal Police, Criminal Assets Litigation (Respondent) File Number(s): 2018/00214680 Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Common Law Citation: [2018] NSWSC 992 Date of Decision: 29 June 2018 Before: Rothman J File Number(s): 2015/200790