Commissioner of the Australian Federal Police v Fung [2021] NSWSC 1359

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of the Australian Federal Police v Fung [2021] NSWSC 1359 Hearing dates: 22 October 2021 Date of orders: 22 October 2021 Decision date: 22 October 2021 Jurisdiction: Common Law Before: Schmidt AJ Decision: See [41] Catchwords: CRIME – Money Laundering – Dealing with money suspected of being proceeds of crime – Serious and indictable offences PROPERTY – Property suspected of being proceeds of indictable offences – s 19(1)(d) Proceeds of Crime Act 2002 (Cth) – Restraining Orders – Custody and Control Orders CIVIL PROCEDURE – Service – Substituted service – Rule 1014 Uniform Civil Procedure Rules 2005 – Where the only possible method of service is by electronic mail – Orders for substituted service made Legislation Cited: Criminal Code (Cth) 400.3(1), 400.9(1) Proceeds of Crime Act 2002 (Cth) ss 18,19, 338 Uniform Civil Procedure Rules 2005 (NSW) r 1014 Cases Cited: George v Rockett (1990) 170 CLR 104; [1990] HCA 26 Williams v Keelty (2001) 111 FCR 175; [2001] FCA 1301 Category: Principal judgment Parties: Commissioner of the Australian Federal Police (Plaintiff) Yuen Hong Fung (First Defendant) Kha Weng Foong (Second Defendant) Un Sai Cheng (Third Defendant) Representation: Counsel: J Tully (Plaintiff)

Solicitors: Penelope Kelton(Plaintiff) Lloyd Truman Sadiq Solicitors (Third Defendant) File Number(s): 2021/261735 Publication restriction: Nil