The Commissioner of the Australian Federal Police v Cranney [2013] NSWSC 1357

Supreme Court New South Wales

Medium Neutral Citation: The Commissioner of the Australian Federal Police v Cranney [2013] NSWSC 1357 Hearing dates: 17 September 2013 Decision date: 17 September 2013 Jurisdiction: Common Law Before: Davies J Decision: Restraining Orders 1. Pursuant to section 17(1)(b) of the Proceeds of Crime Act 2002 (Cth), the property specified in the Schedule to these orders must not be disposed of or otherwise dealt with by any person except in the manner and circumstances specified in these orders. 2. Notwithstanding paragraph 3, ING Bank (Australia) Limited (ABN 24 000 893 292) as registered mortgagee (pursuant to registered mortgage number AF722521) in relation to the property specified in items (a) and (b) of the Schedule, may deal with those items of property in accordance with the terms of the registered mortgage, including continuing to levy interest in accordance with the loan agreements and adjusting the balances of the loan accounts accordingly to account for any payments received. FURTHER ORDERS: 1. Stand the proceedings over to the Registrar's list on Friday 11 October 2013. 2. Liberty to restore on 3 days' notice. 3. Costs reserved Catchwords: CRIMINAL LAW - proceeds of crime - restraining orders - no question of principle Legislation Cited: Proceeds of Crime Act 2002 (Cth) Uniform Civil Procedure Rules Category: Principal judgment Parties: The Commissioner of the Australian Federal Police (Plaintiff) Christopher Phillip Cranney (Defendant) Representation: Counsel: P McCarthy (Plaintiff) No appearance (Defendant) Solicitors: Australian Federal Police (Proceeds of Crime Litigation) File Number(s): cc