Application by the Commissioner of the Australian Federal Police; In the matter of Xin & Ors [2023] NSWSC 46

Supreme Court New South Wales

Medium Neutral Citation: Application by the Commissioner of the Australian Federal Police; In the matter of Xin & Ors [2023] NSWSC 46 Hearing dates: 31 January 2023 Date of orders: 31 January 2023 Decision date: 31 January 2023 Jurisdiction: Common Law Before: Hamill J Decision: (1) Restraining orders and ancillary orders made pursuant to the Proceeds of Crime Act 2002 (Cth) (2) Access to the court file is restricted to Justice Hamill, his staff and the staff of the Supreme Court registry until 10am, 2 February 2023 Catchwords: CIVIL LAW – proceeds of crime – huge money laundering scheme – execution of search warrants imminent – need to deal with the matter urgently and in camera – where some involved already convicted – multiple orders sought for restraint of property – ancillary orders – no question of principle Legislation Cited: Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), s 74 Crimes Act 1900 (NSW), ss 192E, 192G Criminal Code Act 1995 (Cth), ss 11.2, 11.5, 400.3, 400.5, 400.9 Proceeds of Crime Act 2002 (Cth), ss 18, 19, 26(4), 38, 39, 39A, 39B, 329, 330 Category: Principal judgment Parties: Commissioner of the Australian Federal Police (Plaintiff) Steven Hoitou Xin (First defendant) Yi Ming Wang (Second defendant) MX Investments Pty Ltd (Third defendant) MX Seven Investments Pty Ltd (Fourth defendant) Tara Global Pty Ltd (Fifth defendant) Wisdom AWCS International Pty Ltd (Sixth defendant) XT International Trading Pty Ltd (Seventh defendant) XTAW Investments Pty Ltd (Eighth defendant) Jin Yang (Ninth defendant) Ruizhen Wang (Tenth defendant) Liangfang Shen (Eleventh defendant) Xiaoli Chen (Twelfth defendant) Ai Yang (Thirteenth defendant) Zhaohua Ma (Fourteenth defendant) Yanhua Jiang (Fifteenth defendant) Golden Capital Commercial Logistics Pty Ltd (Sixteenth defendant) Gub Sugar Pty Ltd (Seventeenth defendant) Harris & Macarthur Pty Ltd (Eighteenth defendant) Harris & Mary Ann Pty Ltd (Nineteenth defendant) MJSD Investments Pty Ltd (Twentieth defendant) Representation: Counsel: A Moses SC (Plaintiff)