DPP (C'weath) v Prasetyo Edy & Ors [2000] NSWSC 50

New South Wales Supreme Court

CITATION : DPP (C'weath) v Prasetyo Edy & Ors [2000] NSWSC 50 CURRENT JURISDICTION: Supreme Court FILE NUMBER(S) : SC 10685/99 HEARING DATE(S) : 10/11/99; 01/12/99, 15/02/00; 17/02/00, 18/02/00 JUDGMENT DATE : 18 February 2000

PARTIES : Director of Public Prosecutions (Commonwealth) v Prasetyo Edy & Ors JUDGMENT OF : Brownie AJ at 1

LOWER COURT Supreme Court JURISDICTION : LOWER COURT FILE NUMBER(S) : LOWER COURT JUDICIAL OFFICER :

COUNSEL : Mr Bellew (for DPP (Cwealth)) Mr P Kintominas (for applicant) SOLICITORS : Commonwealth DPP (for DPP Michael Croke & Co (for applicant) CATCHWORDS : No question of principle LEGISLATION CITED : Proceeds of Crime Act 1987 (Cth) Customs Act CASES CITED : Jeffery v Director of Public Prosecutions (Cth) (1995) 79 A Crim R 514 DECISION : Applicant's interest in sum of $40,000 being part of $86,175 in cash seized by AFP at 40 Regent St Paddington be excluded from restraining order made by this Court on 1 April 1999

THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

BROWNIE AJ

18 February 2000 10685/99 - DIRECTOR OF PUBLIC PROSECUTIONS v EDY JUDGMENT

1 HIS HONOUR: This is an application by Miranda More (the applicant) under section 48(3) of the Proceeds of Crime Act 1987 (Cth) (the Act). She was formerly the de facto wife of the defendant, Mr Edy. 2 Earlier, the plaintiff brought proceedings against the defendant under section 43(2)(a) of the Act, seeking an order restraining dealings by anybody with certain property, namely "the defendant's interest in $86,175 in cash seized by the Australian Federal Police during the execution of a search warrant … on 5 June 1998". On the return of the summons the defendant consented to the making of that order, as did the applicant who, I was told, was then separately represented. However, on the same day she made the present application, by which she seeks an order that her interest in the cash seized be excluded from the restraining order.