Commissioner of the Australian Federal Police v Tradieh [2023] NSWSC 1259

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of the Australian Federal Police v Tradieh [2023] NSWSC 1259 Hearing dates: 03 October 2023 04 October 2023 Date of orders: 26 October 2023 Decision date: 26 October 2023 Jurisdiction: Common Law Before: Weinstein J Decision: (1) The Amended Notice of Motion filed by the Defendant on 28 February 2023 is dismissed. (2) Pursuant to section 95 of the Proceeds of Crime Act 2002 (Cth) (Act), the Court declares that the property set out in Schedule One to these orders has been forfeited to the Commonwealth by operation of Part 2-3 of the Act. (3) Pursuant to section 69(2) of the Act, the Commonwealth be given leave to dispose of, or otherwise deal with, the property forfeited by operation of Part 2-3 of the Act, immediately. (4) Prayer 16 of the Summons be stood over for a directions hearing before the Common Law Registrar on 30 November 2023 (5) I stand the matter over to 9:30am on 16 November 2023 for the parties to make submissions on costs. (6) Note that the Plaintiff on behalf of the Commonwealth are released from the undertaking as to costs and damages given in these proceedings on 3 June 2022. (7) Liberty to apply by contacting my Associate. Catchwords: PROCEEDS OF CRIME – application for exclusion of property from restraining orders – s 29 of the Proceeds of Crime Act 2002 – whether s 29(4) threshold question satisfied – applicant's onus not discharged – application dismissed Legislation Cited: Criminal Assets Recovery Act 1990 (NSW) Proceeds of Crime Act 2002 (Cth) Taxation Administration Act 1953 (Cth) Cases Cited: Cini v The Commissioner of the Australian Federal Police (2016) 312 FCR 432; [2016] VSCA 227 Commissioner of AFP v Hart (2018) 262 CLR 76; [2018] HCA 1 New South Wales Crime Commission v Pettit (2021) 292 A Crim R 89; [2021] NSWSC 980 Category: Principal judgment Parties: Commissioner of the Australian Federal Police (Plaintiff) Ammar Tradieh (Defendant) Representation: Counsel: M Short (Plaintiff) B Walker (Defendant)