CDPP - IN THE MATTER OF S.19 OF THE PROCEEDS OF CRIME ACT 2002; IN THE MATTER OF FUNDS IN A BANK ACCOUNT; IN THE MATTER OF SUNSHINE WORLDWIDE HOLDINGS LIMITED AND SOUTH EAST GROUP LIMITED [2005] NSWSC 117

Reported Decision : 62 NSWLR 400

New South Wales Supreme Court

CITATION : CDPP - IN THE MATTER OF S.19 OF THE PROCEEDS OF CRIME ACT 2002; IN THE MATTER OF FUNDS IN A BANK ACCOUNT; IN THE MATTER OF SUNSHINE WORLDWIDE HOLDINGS LIMITED AND SOUTH EAST GROUP LIMITED [2005] NSWSC 117

HEARING DATE(S) : 1/9/2004; 7/9/2004

JUDGMENT DATE : 1 March 2005

JURISDICTION : Common Law

JUDGMENT OF : Greg James J at 1

DECISION : The application is dismissed. The applicant is to pay the respondent's costs.

CATCHWORDS : Proceeds of crime - money laundering offences - definition of "proceeds" and "instrument" - whether character as one precludes also other character - revocation application - defendant on no grounds for restraining order - if property proceeds order must be made - in money laundering offences the money is both instrument and proceeds application to revoke - dismissed.

Proceeds of Crime Act 2002 (Cth LEGISLATION CITED : Criminal Code Act 1995 Proceeds of Crime Act 1987 (Cth)

DPP v. Logan Park Investments Pty. Limited (1995) 37 NSWLR 118 CDPP v. Jeffrey (1992) 58 A. Crim. R. 310 Jeffrey v. CDPP (1995) 79 A. Crim. R. 514 CDPP v. Diez [2004] NSWCA 452 Grant (1981) 147 CLR 503 CASES CITED : George v. Rockett & Anor (1990) 170 CLR 104 Anderson v. Judges of the District Court of NSW & Anor (1992) 27 NSWLR 701 Williams v. Keelty [2001] FCA 1301 Queensland Bacon Pty. Limited v. Rees (1996) 115 CLR 266 Shaaban Bin Hussein v. Chong Fook Cam [1970] AC 942 CDPP v. Tan [2003] NSWSC 717