The Commissioner of the Australian Federal Police v El Chami [2021] NSWSC 728

Supreme Court New South Wales

Medium Neutral Citation: The Commissioner of the Australian Federal Police v El Chami [2021] NSWSC 728 Hearing dates: 17 June 2021 Date of orders: 17 June 2021 Decision date: 21 June 2021 Jurisdiction: Common Law Before: Adamson J Decision: (1) The First Defendant to file and serve a Notice of Motion as foreshadowed in paragraph 36(b) of the affidavit of Mohamad Sakr sworn 16 June 2021, together with any evidence in support and grounds for such relief, by 15 July 2021. (2) The time for compliance in respect of Orders 12 and 13 made on 1 March 2021 and served on 30 April 2021 be extended to 20 July 2021. (3) List the matter for mention before Adamson J on 16 July 2021 at 9.15am with a view to any directions being made if any notice motion is filed. (4) Liberty to restore on 3 days' written notice to the associate to Adamson J. (5) Reserve the question of whether the first defendant should be ordered to pay the Commissioner's costs thrown away occasioned by the first defendant's breach of the orders made on the 30th of April 2021. (6) These orders be entered forthwith. Catchwords: CIVIL PROCEDURE — Re-listed on the application of the plaintiff by reason of continued defaults by the first defendant in complying with orders — Orders made ex parte pursuant to the Proceeds of Crime Act 2002 (Cth) — First defendant seeking further time for compliance — Deprived of opportunity to obtain legal advice while incarcerated — Extension granted Legislation Cited: Criminal Code Act 1995 (Cth), ss 134.2, 400.3, 400.9 Proceeds of Crime Act 2002 (Cth), ss 39A, 266A, 319 Cases Cited: The Commissioner of the Australian Federal Police v Cranston (No 2) [2017] NSWSC 673 Category: Procedural rulings Parties: The Commissioner of the Australian Federal Police (Plaintiff) Issac El Chami (First Defendant) Chenqi Lu, also known as Ryan Lu (Second Defendant) Representation: Counsel: E Sullivan (Plaintiff) H Somerville (First Defendant) H Yang (Second Defendant)