The Commissioner of the Australian Federal Police v He [2022] NSWSC 1260

Supreme Court New South Wales

Medium Neutral Citation: The Commissioner of the Australian Federal Police v He [2022] NSWSC 1260 Hearing dates: 24 August 2022 Date of orders: 24 August 2022 Decision date: 19 September 2022 Jurisdiction: Common Law Before: Fagan J Decision: The first, second, third and fourth defendants' application for revocation of orders made by the Court on 6 October 2021 is dismissed. The said defendants are to pay the plaintiffs costs of the notice of motion. Catchwords: CRIME – proceeds of crime – application to revoke restraining orders – whether it is in the interest of justice to revoke the orders – where the defendants' recorded interviews said to be unlawfully obtained Legislation Cited: Australian Crime Commission Act 2002 (Cth) Crimes Act 1914 (Cth) Criminal Code (Cth) Evidence Act 2008 (Vic) Proceeds of Crime Act 2002 (Cth) Cases Cited: Director of Public Prosecutions (Cth) v Kamal [2011] WASCA 55 Garrard v Email Furniture Pty Ltd (1993) 32 NSWLR 662 Saad v Commissioner of the Australian Federal Police [2021] VSCA 246 Savcor Pty Ltd v Cathodic Protection International APS [2005] VSCA 213 Strickland v Commonwealth Director of Public Prosecutions (2018) 266 CLR 325; [2018] HCA 53 Category: Principal judgment Parties: Commissioner, Australian Federal Police (plaintiff/respondent) Wenfang He (defendant/applicant) Representation: Counsel: G O'Manoney with D Habashby (plaintiff/respondent) S Duggan (defendant/applicant)