Commissioner of the Australian Federal Police v Duggan [2023] NSWSC 1511

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of the Australian Federal Police v Duggan [2023] NSWSC 1511 Hearing dates: 29 November 2023 Date of orders: 6 December 2023 Decision date: 06 December 2023 Jurisdiction: Common Law Before: Chen J Decision: (1) Order that the defendants' notice of motion filed 21 November 2023 be dismissed. (2) Make no order as to costs such that each party is to bear their own costs of and incidental to the notice of motion filed 21 November 2023. Catchwords: PRIVATE INTERNATIONAL LAW – where application for registration of foreign restraining order made in the United States of America contained errors – whether those errors were the product of inadvertence or intentional non-disclosure – whether the orders made should be set aside in the 'interests of justice' Legislation Cited: Evidence Act 1995 (Cth) Evidence Act 1995 (NSW) Judiciary Act 1903 (Cth) Mutual Assistance in Criminal Matters Act 1987 (Cth) Proceeds of Crime Act 2002 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Aristocrat Technologies Australia Pty Ltd v Allam (2016) 90 ALJR 370; [2016] HCA 3 Commissioner of the Australian Federal Police v Ortmann (2021) 360 FLR 123; [2021] NSWSC 451 Director of Public Prosecutions (Cth) v Kamal (2011) 248 FLR 64; [2011] WASCA 55 Fitz Jersey Pty Ltd v Atlas Construction Group Pty Ltd (2017) 94 NSWLR 606; [2017] NSWCA 53 Garrard v Email Furniture Pty Ltd (1993) 32 NSWLR 662 International Finance Trust Co Ltd v New South Wales Crime Commission (2009) 240 CLR 319; [2009] HCA 49 Landsman v The Queen (2014) 88 NSWLR 534; [2014] NSWCCA 328 Saad v Commissioner of the Australian Federal Police (2021) 361 FLR 261; [2021] VSCA 246 Savcor Pty Ltd v Cathodic Protection International APS (2005) 12 VR 639; [2005] VSCA 213 Town & Country Sport Resorts (Holdings) Pty Ltd v Partnership Pacific Ltd (1988) 20 FCR 540; [1988] FCA 557 Category: Procedural rulings Parties: Commissioner of the Australian Federal Police (plaintiff) Daniel Duggan (first defendant) Power Art Trading Limited (second defendant) Representation: Counsel: G O'Mahoney with D Habashy (plaintiff) G Jones (defendants)