The Commissioner of the Australian Federal Police v Cranston (No 15) [2021] NSWSC 1332

Supreme Court New South Wales

Medium Neutral Citation: The Commissioner of the Australian Federal Police v Cranston (No 15) [2021] NSWSC 1332 Hearing dates: 30 September 2021 Date of orders: 30 September 2021 Decision date: 19 October 2021 Jurisdiction: Common Law Before: Rothman J Decision: (1) Pursuant to s 93 of the Proceeds of Crime Act 2002 (Cth), extend the period before which the property covered by order 153 made on 16 May 2017 (as amended on 29 November 2017) specified in Schedule 100, being the sum of $8,576 million (Restrained Property) is forfeited to no later than immediately before the start of 1 July 2022. (2) Pursuant to s 93 of the Proceeds of Crime Act 2002 (Cth), extend the period before which the property of the 58th defendant is forfeited to no later than immediately before the start of 1 July 2022. (3) Costs reserved. Catchwords: CRIME – confiscation of property – forfeiture provisions – extension of period – "undue delay" – diligently follow-up – application of s 93 of the Proceeds of Crime Act 2002 (Cth) – applicability to property of persons other than offender Legislation Cited: Acts Interpretation Act 1901 (Cth), ss 15AB, 36 Proceeds of Crime Act 2002 (Cth), ss 17, 18, 29, 31, 92, 92A, 93e Cases Cited: The Commissioner of the Australian Federal Police v Klein and Hubble [2014] NSWSC 1638 The Commissioner of the Australian Federal Police v Rifai - Application by Njaima Kasmi [2021] NSWSC 250 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 Category: Procedural rulings Parties: The Commissioner of the Australian Federal Police (Plaintiff / Respondent) Adam Michael Cranston (First Defendant) Tepcorp Holdings Pty Ltd (Fifty Seventh Defendant / Applicant) SOFS Pty Ltd (Fifty Eighth Defendant / Applicant) Representation: Counsel: G O'Mahoney / K Anderson (Plaintiff / Respondent) J Spinak (Fifty Seventh Defendant / Applicant) M Dempsey SC / M Kalyk (Fifty Eighth Defendant / Applicant)