Commissioner of the Australian Federal Police v Tradieh [2022] NSWSC 727

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of the Australian Federal Police v Tradieh [2022] NSWSC 727 Hearing dates: 3 June 2022 Date of orders: 3 June 2022 Decision date: 03 June 2022 Jurisdiction: Common Law Before: Davies J Decision: Upon the plaintiff providing, on behalf of the Commonwealth, the usual undertaking as to costs and damages the Court orders that: Preliminary orders 1. Pursuant to rule 6.15 of the Uniform Civil Procedure Rules 2005 (NSW) (UCPR), the Summons dated 30 May 2022 (Summons) be made returnable immediately. 2. Pursuant to section 26(4) of the Proceeds of Crime Act (Cth) (Act) and UCPR 18.2(2), the application for relief in prayers 1 to 13 of the Summons be heard and determined without notice. Section 17 Restraining Orders 3. Pursuant to section 17(2)(a) of the Act, the property specified in Schedule One, being property of Ammar Assaad Tradieh, must not be disposed of or otherwise dealt with by any person except in the manner and circumstances specified in these orders. 4. Pursuant to section 17(2)(a) of the Act, the property specified in Schedule Two, being property of Ammar Assaad Tradieh, must not be disposed of or otherwise dealt with by any person except in the manner and circumstances specified in these orders. 5. Pursuant to section 17(2)(a) of the Act, the property specified in Schedule Three, being property of Ammar Assaad Tradieh, must not be disposed of or otherwise dealt with by any person except in the manner and circumstances specified in these orders. 6. Pursuant to section 17(2)(b) of the Act, all property of Ammar Assaad Tradieh with a value of AUD5,000 or more, other than the property specified in Schedule One, Schedule Two and Schedule Three to these orders, must not be disposed of or otherwise dealt with by any person except in the manner and circumstances specified in these orders. Section 19 Restraining Orders 7. Pursuant to section 19 of the Act, the property specified in Schedule One must not be disposed of or otherwise dealt with by any person except in the manner and circumstances specified. 8. Pursuant to section 19 of the Act, the property specified in Schedule Two must not be disposed of or otherwise dealt with by any person except in the manner and circumstances specified. 9. Pursuant to section 19 of the Act, the property specified in Schedule Three must not be disposed of or otherwise dealt with by any person except in the manner and circumstances specified. Sworn statement orders 10. Pursuant to section 39(1) of the Act, Ammar Assaad Tradieh is directed to give to the Plaintiff within 14 days of the date of service of these orders a sworn statement in the form set out in Schedule Four setting out all of his: (a) Interests in property (within the meaning of the Act) worldwide, not including any asset or interest in property with a value of less than AUD5,000 as at the date of these orders; and (b) Liabilities, worldwide, not including any liability with a value of less than AUD5,000 as at the date of these orders. 11. Pursuant to section 39(1) of the Act, Ammar Assaad Tradieh is directed to give to the Plaintiff within 14 days of the date of service of these orders a sworn statement in the form set out in Schedule Five setting out particulars of, or dealings with, the property in Schedule One, Schedule Two and Schedule Three and all property covered by order 6. Custody and control order 12. Pursuant to section 38 of the Act, the Official Trustee in Bankruptcy (Official Trustee) is to take custody and control of the property specified in Schedule One. 13. Without limiting any other of the powers or duties of the Official Trustee, pursuant to section 39(1) of the Act, the Official Trustee is permitted, to the extent reasonably necessary, to do any or all of the following with respect to the property specified in Schedule One (Controlled Real Property): (a) gain access to and inspect the Controlled Real Property with 48 hours' notice; (b) secure the Controlled Real Property; (c) insure any building on the Controlled Real Property as and when required; (d) lease the Controlled Real Property, including doing all things necessary in relation to any existing leases or enter into new leases; (e) collect any rental monies payable in connection with the Controlled Real Property; and (f) apply any rental income received from the Controlled Real Property to meet any costs or expenses relating to the said property including management fees and commissions incurred in the ordinary course of business, maintenance costs, insurance, rates, land tax or municipal or statutory charges. Other orders 14. Matter be listed for directions hearing before the Common Law Registrar on 29 July 2022. 15. The parties have liberty to restore the matter on 48 hours' written notice. 16. These orders be entered forthwith. SCHEDULE ONE Real property at 192 The Inlet Road Bulga, NSW, being Lots 521 and 522 of Deposited Plan 1046535. SCHEDULE TWO Toyota Hiace motor vehicle bearing Vehicle Identification Number JTFHT02PX00244606. SCHEDULE THREE Red Massey Ferguson tractor with a rotary hoe seized by members of the Australian Taxation Office during the execution of a search warrant at 192 The Inlet Road Bulga, NSW on 13 January 2021. SCHEDULE FOUR 1. Provide full particulars of the nature and extent of your property and, where applicable, the property of any company of which you are a director, including the following particulars in relation to each item of property: a. Description of the property, including the nature of your interest in it and, where possible, the estimated value, and the location of the property; b. The approximate date of acquisition of the property; and c. A full description of any liability in relation to the property, including the amount of the liability and the name of the person or institution to which the liability is owed. 2. Provide full particulars of your current liabilities or, where applicable, the liabilities of any company of which you are a director, including the following particulars in relation to each liability: a. Full description of each liability including the nature of the liability and the amount of the liability; and b. The name of the person or institution to which the liability is owed. SCHEDULE FIVE Provide full particulars of any disposition or dealing with property since 1 July 2016 including: 1. Description of the property disposed of or dealt with, including the nature of the disposition or dealing and any proceeds received as a result of the disposition or dealing; 2. The location of the property; 3. The date of the disposition or dealing; 4. The name of the person or institution to which the property was transferred; 5. The amount and date of payments made to discharge any liability in relation to the property; and 6. The source of the payments referred to in paragraph 5 above. Catchwords: CRIMINAL LAW – proceeds of crime – restraining orders Legislation Cited: Proceeds of Crime Act 2002 (Cth) Taxation Administration Act 1953 (Cth) Cases Cited: Nil Texts Cited: Nil Category: Procedural rulings Parties: Commissioner of the Australian Federal Police (Plaintiff) Ammar Assaad Tradieh (Defendant) Representation: Counsel: M Short - Ex parte (Plaintiff)