Application by the Commissioner of the Australian Federal Police [2013] NSWSC 607

Supreme Court New South Wales

Medium Neutral Citation: Application by the Commissioner of the Australian Federal Police [2013] NSWSC 607 Hearing dates: 21 May 2013 Decision date: 21 May 2013 Jurisdiction: Common Law Before: Davies J Decision: Orders as per paragraphs 1 - 4 and 7 of the Plaintiff's SMO in the following terms: 1. Pursuant to section 19(1)(b) of the Proceeds of Crime Act 2002 (the Act) the property specified in Schedule One of the Summons must not be disposed of or otherwise dealt with by any person except in the manner and circumstances specified in these Orders. 2. Pursuant to section 19(1)(b) of the Act, the property specified in Schedule Two of the Summons must not be disposed of or otherwise dealt with by any person except in the manner and circumstances specified in these Orders. 3. Pursuant to section 38 of the Act, the Official Trustee in Bankruptcy is to take custody and control of the property specified in Schedule One. 4. Pursuant to section 38 of the Act, the Official Trustee in Bankruptcy is to take custody and control of the property specified in Schedule Two. 5. The proceedings be stood over to 9.00am on 18 June 2013 before the Common Law Registrar. The Court notes paragraph 8 of the Short Minutes of Order in the following terms: Shiau-Yi Ma warrants to the Commonwealth that he has no interest, claim or right in respect of the property specified in Schedule Two. Catchwords: CRIMINAL LAW - proceeds of crime - freezing orders - no point of principle. Legislation Cited: Proceeds of Crime Act 2002 (Cth) Category: Interlocutory applications Parties: Commissioner of the Australian Federal Police (Plaintiff) Ernest Shian Yi Ma (Defendant) Kam Hung Ng (Defendant) Representation: Counsel: L Booth (Plaintiff) D Green (Ernest Shian Yi Ma) M Smith (Kam Hung Ng) Solicitors: Proceeds of Crime Litigation, Australian Federal Police (Plaintiff) Jackson Lalic Lawyers Pty Ltd (Ernest Shian Yi Ma) McGirr Lawyers (Kam Hung Ng) File Number(s): 2013/141239