Commissioner of the Australian Federal Police application [2013] NSWSC 1377

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of the Australian Federal Police application [2013] NSWSC 1377 Hearing dates: 19 September 2013 Decision date: 19 September 2013 Jurisdiction: Common Law Before: Davies J Decision: Restraining Order 1. Pursuant to s 19(1)(b) of the Proceeds of Crime Act 2002 (Cth) (Act), 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. Custody and control order 2. Pursuant to s 38 of the Act, the Official Trustee in Bankruptcy is to take custody and control of the property specified in the Schedule to these orders. Ancillary orders 3. Pursuant to s 39(1)(e)(iii) of the Act, the following persons are to do all things necessary to give custody and control of the property specified in the Schedule to these orders to the Official Trustee in Bankruptcy: a. Credit Investment Pty Ltd (ACN 123 654 008); and b. Chong Qing Hu. Forfeiture Order 4. Pursuant to s 49 of the Act, the property specified in the Schedule to these orders is forfeited to the Commonwealth, Other orders 5. Pursuant to s 69(2) of the Act, the Plaintiff and the Commonwealth have leave to deal with the forfeited property immediately, SCHEDULE: The sum of AUD256,041.40 held in an account with Credit Investment Pty Ltd (ACN 123 564 008) in the name of "Xing Hua Li", client number 3468. Catchwords: CRIMINAL LAW - proceeds of crime - restraining and forfeiture orders - no question of principle Legislation Cited: Proceeds of Crime Act 2002 (Cth) Category: Interlocutory applications Parties: The Commissioner of the Australian Federal Police (Plaintiff) Representation: Counsel: A Brown (Plaintiff) Solicitors: Proceeds of Crime Litigation, Australian Federal Police (Plaintiff) File Number(s): 2010/274042