Commissioner of the Australian Federal Police v Mazzco Investments Pty Ltd & Ors. (No 2) [2023] NSWSC 975

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of the Australian Federal Police v Mazzco Investments Pty Ltd & Ors. (No 2) [2023] NSWSC 975 Hearing dates: 22 June and 17 August 2023 Date of orders: 17 August 2023 Decision date: 17 August 2023 Jurisdiction: Common Law Before: Chen J Decision: (1) List the separate questions for hearing on 23 or 24 October 2023. (2) List the matter for directions at 9am on 24 August 2023. (3) Direct that the parties confer, with a view to agreeing upon, proposed timetabling orders with such orders to be sent to the Chambers of Chen J by 23 August 2023, 4pm. (4) If no agreement is reached in connection with timetabling orders, each party is to file and serve proposed orders together with a one-page outline for why those orders are sought by 23 August 2023, 4pm. (5) Costs of the notice of motion filed 17 May 2023 are reserved. Catchwords: CIVIL PROCEDURE - separate determination– where separate determination concerns question of whether the Commissioner of Police is entitled to use powers under the Proceeds of Crime Act 2002 (Cth) following the commencement of proceedings – whether separate determination would be just, quick and cheap – separate determination ordered Legislation Cited: Civil Procedure Act 2005 (NSW) Criminal Code 1995 (Cth) Proceeds of Crime Act 2002 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Allandale Blue Metal Pty Ltd v Roads and Maritime Services (2013) 195 LGERA 182; [2013] NSWCA 103 ASIC v Elm Financial Services [2004] NSWSC 859 CBS Productions v O'Neill (1985) 1 NSWLR 601 Crawley v Vero Insurance Ltd [2012] NSWSC 593 Cruden v Sae-Ung [2021] NSWSC 1070 Integral Home Loans Pty Ltd v Interstar Wholesale Finance Pty Ltd [2006] NSWSC 1464 Klein v Minister for Education (2007) 81 ALJR 582; [2007] HCA 2 Tepko Pty Ltd v Water Board (2001) 206 CLR 1; [2001] HCA 19 The Commissioner of the Australian Federal Police v Mazzco Investments Pty Ltd & Ors [2023] NSWSC 425 Category: Procedural rulings Parties: Australian Federal Police (applicant) Despina Katherine Mavris (respondent) Representation: Counsel: Mr A Moses SC with Mr R Perla (applicant) Mr A McInerney SC with Mr K Josifoski (respondent)