The Commissioner of the Australian Federal Police v Bahmad [2021] NSWSC 954

Supreme Court New South Wales

Medium Neutral Citation: The Commissioner of the Australian Federal Police v Bahmad [2021] NSWSC 954 Hearing dates: 17 June 2021 Decision date: 06 August 2021 Jurisdiction: Common Law Before: Button J Decision: (1) The notice of motion of 18 January 2021 is dismissed. (2) Costs reserved. Catchwords: CIVIL — forfeiture of proceeds of crime — applications for exclusion from restraining and possible forfeiture orders — no pending allegation of criminality against any applicant — examination orders made by consent against applicants — examination notice requires production of many classes of documents pertaining to extended period — whether Court has power to "whittle down" examination notice — statutory power to stay examination order distinguished — clarification of examination order distinguished — no power to reduce scope of examination notice established by applicants — contingent analyses Legislation Cited: Proceeds of Crime Act 2002 (Cth), ss 5, 31, 32, 39, 180, 183, 185, 192, 196, 319, 338 Cases Cited: Onley v Commissioner of the Australian Federal Police [2019] NSWCA 101 Commissioner of the Australian Federal Police v Elzein [2017] NSWCA 142 Guo v Commissioner of Australian Federal Police [2017] VSC 269 Lam v Commissioner of the Australian Federal Police [2017] VSCA 9 Category: Principal judgment Parties: Commissioner of the Australian Federal Police (Plaintiff/Respondent on Motion) Chaline Francis (First Respondent/Applicant on Motion) Tony Antonios (Second Respondent/Applicant on Motion) Jhonny Ayoub (Third Respondent/Applicant on Motion) Representation: Counsel: K Stern SC and R Perla (Plaintiff) S Stanton (First, Second, and Third Respondents)