The Commissioner of the Australian Federal Police v Omar [2021] NSWSC 476

Supreme Court New South Wales

Medium Neutral Citation: The Commissioner of the Australian Federal Police v Omar [2021] NSWSC 476 Hearing dates: On the papers Date of orders: 7 May 2021 Decision date: 07 May 2021 Jurisdiction: Common Law Before: Beech-Jones J Decision: The First and Second Defendants pay the Plaintiff's costs of so much of the proceedings as was determined by The Commissioner of the Australian Federal Police v Omar [2021] NSWSC 366. Catchwords: COSTS – no question of principle Legislation Cited: Proceeds of Crime Act 2002 (Cth) Cases Cited: The Commissioner of the Australian Federal Police v Omar [2021] NSWSC 366 Category: Costs Parties: The Commissioner of Australian Federal Police (Plaintiff) Ibrahim Omar (First Defendant) Mohammad Omar (Second Defendant) Surpass Australia Pty Ltd (Third Defendant) Interactive Workforce Solutions Pty Ltd (Fourth Defendant) Teach Australia Group Pty Ltd (Fifth Defendant) Panacea Enterprises Pty Ltd (Sixth Defendant) Representation: Counsel: G O'Mahoney; K Petch (Plaintiff) No Appearance (Defendants)

Solicitors: Australian Federal Police (Plaintiff) No Appearance (Defendants) File Number(s): 2016/236275

Judgment 1. On 14 April 2021, I made final orders for the forfeiture of certain restrained property, as well as orders under s 116(1) of the Proceeds of Crime Act 2002 (Cth), requiring each of the first and second defendants to pay substantial pecuniary penalties. I published reasons for those orders: The Commissioner of the Australian Federal Police v Omar [2021] NSWSC 366. 2. Subsequent to those orders, the plaintiff, the Commissioner for the Australian Federal Police, has filed further written submissions seeking an order for costs against the first and second defendant on the ordinary basis. Given the status of the third to sixth defendants, the complete success enjoyed by the Commissioner and the findings made in The Commissioner of the Australian Federal Police v Omar [2021] NSWSC 366 concerning the role played by the first and second defendants in directing the conduct of the third to sixth defendants, that relief must follow. 3. Accordingly, the Court orders that: (1) The First and Second Defendants pay the plaintiff's costs of so much of the proceedings as was determined by The Commissioner of the Australian Federal Police v Omar [2021] NSWSC 366.