Commissioner of the Australian Federal Police v Tradieh [2023] NSWSC 1131

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of the Australian Federal Police v Tradieh [2023] NSWSC 1131 Hearing dates: 12 September 2023 Date of orders: 15 September 2023 Decision date: 15 September 2023 Jurisdiction: Common Law Before: Walton J Decision: (1) Pursuant to rule 18.2(2)(a) of the Uniform Civil Procedure Rules 2005 (NSW), the Court dispenses the requirement for Westpac Banking Corporation (Westpac) to file an application under s 31 of the Proceeds of Crime Act 2002 (Cth) for an exclusion order pursuant to s 29 of the Act. (2) Pursuant to s 29 of the Act, the interest of Westpac as registered mortgagee of the property specified in Schedule One to these orders, be excluded from the Orders made by Davies J of the Supreme Court of New South Wales on 3 June 2022 (Restraining Orders). (3) Pursuant to ss 29 and 31(1) of the Act, the interest of Westpac as the financier of the property specified in Schedule Two to these orders, represented by registered security interest 201809250054080, be excluded from the Restraining Orders. (4) Costs reserved. SCHEDULE ONE Real Property at 192 The Inlet Road Bulga, NSW, being Lots 521 and 522 of Deposited Plan 1046535. SCHEDULE TWO White Toyota HiAce van bearings Vehicle Identification Number JTFHT02PX00244606. Catchwords: PROCEDURE – proceeds of crime – application for consent orders under s 316 of the Proceeds of Crime Act 2002 (Cth) by the registered mortgagee – who is a person affected by the making of the order - the court made orders pursuant to s 316(1) of the Proceeds of Crime Act 2002 (Cth) Legislation Cited: Acts Interpretation Act 1901 (Cth) s 2C Proceeds of Crime Act 2002 (Cth) ss 3, 17, 29, 92, 316 Real Property Act 1900 (NSW) ss 36, 57 Cases Cited: Chammas v Risk [2015] NSWSC 1213 Coco v R (1994) 179 CLR 427; [1994] HCA 15 Commissioner of the Australian Federal Police v Hart (2018) 262 CLR 76; [2018] HCA 1 Lordianto v Commissioner of the Australian Federal Police (2019) 266 CLR 273; [2019] HCA 39 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 Re Application by Commission of Australian Federal Police [2018] NSWSC 1302 SZTAL v Minister for Immigration and Border Protection (2017) 347 ALR 40; [2017] HCA 34 The King v Jacobs Group (Australia) Pty Ltd; (2023) 97 ALJR 595; [2023] HCA 23 Category: Principal judgment Parties: Commissioner of the Australia Federal Police (Plaintiff) Ammar Assad Tradieh (Defendant) Representation: Counsel: M Short (Plaintiff) B Walker (Defendant)