Commissioner of the Australian Federal Police v Hills Greenery Pty Ltd [2024] NSWSC 189

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of the Australian Federal Police v Hills Greenery Pty Ltd [2024] NSWSC 189 Hearing dates: 23 February 2024 Decision date: 01 March 2024 Jurisdiction: Common Law Before: Ierace J Decision: (1) Prayers 2 and 3 of the notice of motion are dismissed; (2) The third defendant to pay the plaintiff's costs in respect of the hearing on 23 February 2024; (3) The third defendant is granted leave to file a further amended notice of motion; (4) The issue of leave in respect of the amended notice of motion is stood over for hearing on 14 March 2024; (5) The third defendant is to file and serve notice of grounds and written submissions in respect of the issue of leave by 8 March 2024; (6) The plaintiff to file and serve submissions in reply by 13 March 2024. Catchwords: CONSTITUTIONAL LAW — The Judiciary — Notice of constitutional matter — whether the Proceeds of Crime Act 2002 (Cth) 'otherwise provides' for law within the meaning of Judiciary Act 1903 (Cth) s 79(1) — whether application of the Uniform Civil Procedure Rules excluded Legislation Cited: Commonwealth Constitution s 109 Proceeds of Crime Act 2002 (Cth) ss 1, 5(g), 14A, 17, 18, 19, 20, 29, 30, 31, 42, 43, 44, 61, 64, 73, 74, 75, 76, 77, 335, 338 Judiciary Act 1903 (Cth) s 79(1) Uniform Civil Procedure Rules r 36.16(2)(b) Acts Interpretation Act 1901 (Cth) s 15A Cases Cited: Commissioner of the Australian Federal Police v Hills Greenery P/L [2023] NSWSC 288 Commissioner of the Australian Federal Police v Hills Greenery P/L [2023] NSWSC 559 Commissioner of the Australian Federal Police v Pratten [2021] NSWSC 69 International Finance Trust Company v NSW Crime Commission (2009) 240 CLR 319 Kable v Director of Public Prosecutions (NSW) (1996) 189 CLR 51; [1996] HCA 24 Masson v Parsons (2019) 266 CLR 554; [2019] HCA 21 Rizeq v Western Australia (2017) 262 CLR 1; [2017] HCA 23 Work Health Authority v Outback Ballooning Pty Ltd (2019) 266 CLR 428; [2019] HCA 2 Category: Procedural rulings Parties: The Commissioner of the Australian Federal Police (Plaintiff) Hills Greenery (First Defendant) NSW Greenery Pty Limited (Second Defendant) Bilal Hassan Allam (Third Defendant) ATM Greenland Pty Limited (Fourth Defendant) Belal El Alami (Fifth Defendant) Representation: Counsel: Ms S Clemmett (Plaintiff/Respondent) Mr G Jones; Mr G A F Connolly (Third Defendant/Applicant)