Commissioner of the Australian Federal Police v Mazzco Investments Pty Ltd & Ors. (No 4) [2024] NSWSC 837

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of the Australian Federal Police v Mazzco Investments Pty Ltd & Ors. (No 4) [2024] NSWSC 837 Hearing dates: 11-12 June 2024 Date of orders: 10 July 2024 Decision date: 10 July 2024 Jurisdiction: Common Law Before: Chen J Decision: (1) Order that the third further amended cross summons filed 18 December 2023 be dismissed. (2) Order the fourth defendant to pay the plaintiff's costs of, and incidental to, the third further amended cross summons and the further amended notice of motion filed 17 December 2021. (3) List the matter for directions on 26 July 2024 to make all necessary case management orders, with a view to fixing the matter for hearing. Catchwords: CIVIL PROCEDURE – proceeds of crime – where Commissioner has utilised production order power in s 202 of the Proceeds of Crime Act 2002 (Cth) to obtain property-tracking documents following the commencement of proceedings – where fourth defendant is disputing the use of the documents obtained – whether the Commissioner used the production order power for the sole or dominant purpose to obtain documents for use in the proceedings – whether use of the s 202 power by the Commissioner gave an unfair advantage to the Commissioner amounting to a contempt of court – requisite sole or dominant purpose not established – no relevant advantage secured by Commissioner, or disadvantage occasioned to the fourth defendant, by use of s 202 power to amount to contempt of court – fourth defendant's cross summons dismissed Legislation Cited: Criminal Code Act 1995 (Cth) Food Act 2003 (NSW) Proceeds of Crime Act 2002 (Cth) Supreme Court Rules 1970 (NSW) Trade Practices Act 1974 (Cth) Cases Cited: Attorney-General for NSW v John Fairfax & Sons Ltd & Bacon (1985) 6 NSWLR 695 Australian Securities and Investments Commission v Elm Financial Services Pty Ltd [2004] NSWSC 859; (2004) 50 ACSR 406 Authorised Officer Christine Tumney (NSW Food Authority) v Nutricia Australia Pty Limited [2007] NSWSC 1215 Brambles Holdings Ltd v Trade Practices Commission (No. 2) [1980] FCA 120; (1980) 44 FLR 182 Commissioner of Taxation v De Vonk (1995) 61 FCR 564; [1995] FCA 994 Commissioner of the Australian Federal Police v Mazzco Investments Pty Ltd & Ors. (No 3) [2023] NSWSC 1576 Effem Foods Pty Ltd v Lake Cumbeline Pty Ltd [1999] HCA 15; (1999) 161 ALR 599 Environment Protection Authority v Caltex Refining Co Pty Ltd (1993) 178 CLR 477; [1993] HCA 74 Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 Lee v NSW Crime Commission (2013) 251 CLR 196; [2013] HCA 39 NSW Food Authority v Nutricia Australia Pty Ltd (2008) 72 NSWLR 456; [2008] NSWCCA 252 Pioneer Concrete (Vic) Pty Ltd v Trade Practices Commission (1982) 152 CLR 460; [1982] HCA 65 Ruzehaji v Commissioner of the Australian Federal Police (2015) 124 SASR 355; [2015] SASCFC 182 Secretary of the Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145 Category: Principal judgment Parties: Commissioner of the Australian Federal Police (Plaintiff) Despina Katherine Mavris (Fourth Defendant) Representation: Counsel: L Livingston SC / R Perla (Plaintiff) K Morgan SC / S Andrews (Fourth Defendant)