The Commissioner of the Australian Federal Police v Cranston (No 16) [2021] NSWSC 1506

Supreme Court New South Wales

Medium Neutral Citation: The Commissioner of the Australian Federal Police v Cranston (No 16) [2021] NSWSC 1506 Hearing dates: 03 November 2021 Date of orders: 23 November 2021 Decision date: 23 November 2021 Jurisdiction: Common Law Before: Wright J Decision: (1) Pursuant to s 49 of the Proceeds of Crime Act 2002 (Cth), the property listed in schedules 1 to 8 of these orders (the forfeited property) is forfeited to the Commonwealth. (2) Pursuant to s 69(2) of the Proceeds of Crime Act 2002 (Cth), the Commonwealth be given leave to deal immediately with the forfeited property. Catchwords: CRIME — confiscations — forfeiture order — where no exclusion application has been made in respect of the property — whether reasonable steps taken to notify affected persons — whether the Court has a discretion to refuse to make a forfeiture order if not in the public interest — whether the Court is required to specify the value of forfeited property WORDS AND PHRASES — "money" — Proceeds of Crime Act 2002 (Cth), s 56 Legislation Cited: Civil Procedure Act 2005 (NSW), s 135 Corporations Act 2001 (Cth), s 601AD Proceeds of Crime Act 2002 (Cth), ss 19, 30, 31, 49, 56, 59, 61, 64, 65, 69, 73, 74, 317, 319, 335, 338 Cases Cited: Conley v Commissioner of Taxation (1998) 81 FCR 24; [1998] FCA 110 Hogan v Australian Crime Commission (2010) 240 CLR 651; [2010] HCA 21 Hogan v Hinch (2011) 243 CLR 506; [2011] HCA 4 In re Collings [1933] Ch 920 Manning v Purcell (1855) 7 De MG&G 55; 44 ER 21 The Commissioner of the Australian Federal Police v Cranston and Ors (No 1) [2017] NSWSC 624 The Commissioner of the Australian Federal Police v Cranston (No 3) [2017] NSWSC 674 The Commissioner of the Australian Federal Police v Cranston (No 4) [2017] NSWSC 716 The Commissioner of Australian Federal Police v Omar [2020] NSWSC 418 Category: Principal judgment Parties: Commissioner of the Australian Federal Police (Plaintiff) Adam Cranston (First Defendant) Jason Onley (Second Defendant) Devyn Hammond (Sixth Defendant) Daniel Hausman (Ninth Defendant) Your Book Keeping Pty Ltd (Fortieth Defendant) Boulevard HH Pty Ltd (Forty-Ninth Defendant) Cedars Capital Pty Ltd (Fiftieth Defendant) Felix Thompson Pty Ltd (Fifty-Second Defendant) Nicas Management Pty Ltd (Fifty-Sixth Defendant) Goldcarz Pty Ltd (Fifty-Ninth Defendant) Active Management Solutions Pty Ltd (Sixty-Third Defendant) Glen Saikali (Sixty-Fifth Defendant) Representation: Counsel: G O'Mahoney (Plaintiff)