Commissioner of the Australian Federal Police v HWCJ GLB Pty Ltd (No 3) [2024] NSWSC 897

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of the Australian Federal Police v HWCJ GLB Pty Ltd (No 3) [2024] NSWSC 897 Hearing dates: On the papers Date of orders: 25 July 2024 Decision date: 25 July 2024 Jurisdiction: Common Law Before: Dhanji J Decision: See [13] Catchwords: CRIME – proceeds of crime – where proceedings brought by the Australian Federal Police under the Proceeds of Crime Act 2002 (Cth) – monies held in various accounts with Australian banks – where those monies are proceeds of crime – restraining orders made – where applicants sought recompense – exclusion orders – where this Court has previously considered the alternative methodologies for the division of funds –where most appropriate methodology was applied to each account CRIME – proceeds of crime – where subsequent to hearing but prior to judgment further applicants came forward claiming an interest in the restrained funds – where previous orders had been stayed for 28 days – where orders sought by new applicants will affect previous orders made – further hearing dispensed with by agreement of the parties – new applications determined on the papers – interest determined by application of same method of distribution determined to be appropriate for each particular account in previous judgment – stay of orders discharged – orders made in favour of new applicants – orders previously made varied to adjust the interests of original applicants Legislation Cited: Proceeds of Crime Act 2002 (Cth) Cases Cited: Commissioner of the Australian Federal Police v HWCJ GLB Pty Ltd (No 2) [2024] NSWSC 482 Category: Consequential orders Parties: Commissioner of the Australian Federal Police (Plaintiff) HWCJ GLB Pty Ltd (First Defendant) JCJ Health Pty Ltd (Second Defendant) GSL Bud Pty Ltd (Third Defendant) Hong HZ Pty Ltd (Fourth Defendant) LJ Yin Pty Ltd (Fifth Defendant) Wenhao Globle Pty Ltd (Sixth Defendant) TJL International Pty Ltd (Seventh Defendant) XM Global Pty Ltd (Eighth Defendant)