Commissioner of the Australian Federal Police v Fung & Ors [2022] NSWSC 562

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of the Australian Federal Police v Fung & Ors [2022] NSWSC 562 Hearing dates: 04 May 2022 Date of orders: 04 May 2022 Decision date: 04 May 2022 Jurisdiction: Common Law Before: Hamill J Decision: (1) Pursuant to section 49 of the Proceeds of Crime Act 2002 (Cth), the property listed in Schedules 1 and 2 be forfeited to the Commonwealth. (2) Pursuant to section 69(2) of the Proceeds of Crime Act 2002 (Cth), the Commonwealth be given leave to deal immediately with the forfeited property. (3) The Commonwealth be released from the usual undertaking as to costs and damages, given on 22 October 2021. (4) The balance of the summons is dismissed. (5) These orders be entered forthwith. Catchwords: CIVIL LAW – proceeds of crime – forfeiture orders – leave to deal with forfeited property – "bounce back emails" – no appearance by defendant with interest in property – no question of principle Legislation Cited: Proceeds of Crime Act 2002 (Cth) ss 19, 49, 69, 73, 74, 77, 78 Cases Cited: Commissioner of the Australian Federal Police v Fung [2021] NSWSC 1359 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: Solicitors: Australia Federal Police (Plaintiff) File Number(s): 2021/00261735 Publication restriction: Nil