Commissioner of the Australian Federal Police v Hills Greenery Pty Limited [2023] NSWSC 288

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of the Australian Federal Police v Hills Greenery Pty Limited [2023] NSWSC 288 Hearing dates: 27 March 2023 Date of orders: 27 March 2023 Decision date: 27 March 2023 Jurisdiction: Common Law Before: Walton J Decision: (1) Pursuant to section 49 of the Proceeds of Crime Act 2002 (Cth) (the Act), the property specified in Schedule One (which is the property referred to in Schedule 3 of the Amended Summons filed in these proceedings on 29 May 2020) be forfeited to the Commonwealth. (2) Pursuant to s 56 of the Act, the value of the property specified in Schedule One of these orders forfeited to the Commonwealth in accordance with order 1 above is AUD$577,000. (3) Pursuant to s 69(2) of the Act, leave is granted to the Commonwealth, and persons acting on its behalf, to dispose of or deal with the forfeited property in Schedule One immediately. (4) Each of the Plaintiff and the Third Defendant are to bear their own costs of these proceedings so far as they relate to: (a) the property specified in Schedule One and any application or orders made in relation to that property; and (b) the Third Defendant, Bilal Hassan Allam, or any application or orders made in relation to him. (5) All other previous costs orders as between the Plaintiff and the Third Defendant, Bilal Hassan Allam, not referred to in Order 4 above, be vacated. (6) The Commissioner of the Australia Federal Police and the Commonwealth are released from the usual undertaking as to costs and damages provided to the Court in these proceedings on 29 May 2020, insofar as it relates to the property specified in Schedule One, any application or orders made in relation to it, and/or the Third Defendant, Bilal Hassan Allam. (7) The proceedings are otherwise finalised as between the Plaintiff and the Third Defendant, Bilal Hassan Allam. (8) The balance of the proceedings be stood over for directions in the Registrar's list on 18 May 2023. SCHEDULE ONE Real property located at 248 Kiowarrah Road, Bevendale NSW, being Lot 248 in Deposited Plan 821796 in the name of Bilal Hassan Allam. Catchwords: CIVIL – s 49 of the Proceeds of Crime Act 2002 (Cth) – duty judge – ex parte judgment – non-appearance of third defendant – orders sought in the short minutes of order provided to the Court – application granted Legislation Cited: Proceeds of Crime Act 2002 (Cth), ss 49, 56, 69 Category: Principal judgment Parties: The Commissioner of the Australian Federal Police (Plaintiff) Hills Greenery Pty Ltd (ACN 621 937 335) (First Defendant) Representation: Counsel: S Clemmett (Plaintiff) File Number(s): 2020/102598