The Commissioner of the Australian Federal Police v Adam Michael Cranston [2022] NSWSC 770

Supreme Court New South Wales

Medium Neutral Citation: The Commissioner of the Australian Federal Police v Adam Michael Cranston [2022] NSWSC 770 Hearing dates: 23 February 2022 Date of orders: 14 June 2022 Decision date: 14 June 2022 Jurisdiction: Common Law Before: Wright J Decision: Restraining orders made under ss 18(1) and 19(1) of the Proceeds of Crime Act 2002 (Cth) Custody and control order made under s 38 of the Proceeds of Crime Act 2002 (Cth) Catchwords: CRIME – confiscations – restraining order – proceeds of crime – where no exclusion application has been made in respect of the property –statutory requirements satisfied – no point of principle Legislation Cited: Corporations Act 2001 (Cth), s 601AD Proceeds of Crime Act 2002 (Cth), ss 18, 19, 38, 49, 69, 316 Category: Procedural rulings Parties: The Commissioner of the Australian Federal Police (Plaintiff) Adam Michael Cranston (First Defendant) Jason Cornell Onley (Second Defendant) Lauren Anne Cranston (Fifth Defendant) Daniel Rostankovski (Seventh Defendant) Christopher Guillan (Eighth Defendant) Daniel Simon Hausman (Ninth Defendant) Rachel Anne Keary (Eleventh Defendant) Jessica van Schreven (Thirteenth Defendant) Sutherland Shire Property 2 Pty Ltd (in liquidation) (Fourteenth Defendant) Sophia Constantopedos (Twenty-Sixth Defendant) Fiona Wing-Shan Mak (Thirty-Ninth Defendant) Stephen Barrett (First Respondent) Catriona Sue Smith (Second Respondent) Timothy Bryce Norman and Salvatore Algeri in their capacity as liquidators for Plutus Payroll Australia Pty Ltd (Third Respondent) Australian Securities and Investments Commission (Fourth Respondent) Representation: Counsel: G O'Mahoney (Plaintiff) Solicitors: Criminal Assets Litigation, Australian Federal Police (Plaintiff) File Number(s): 2017/146280