Ex parte application of Commissioner of the Australian Federal Police [2014] NSWSC 130

Supreme Court New South Wales

Medium Neutral Citation: Ex parte application of Commissioner of the Australian Federal Police [2014] NSWSC 130 Hearing dates: 11 February 2014 Decision date: 11 February 2014 Jurisdiction: Common Law Before: Button J Decision: (1) Pursuant to s 26(5) of the Proceeds of Crime Act 2002 (Cth), the Commissioner of the Australian Federal Police is directed to give notice of the current application to the specified person, Ken Khanh Phong Ha, by electronically serving a copy of the application and all affidavits filed in court on the following address: Mr Paul Hardin, solicitor, at Hardinlaw, Sydney within two days of today's date. (2) Pursuant to the same section, the Commissioner of the Australian Federal Police is directed to take all reasonably practical steps to give notice of the application to a specified person, namely, Ms Fei Mu. (3) The matter is stood over for hearing on Tuesday 25 February 2014. (4) The matter is to be initially in the Registrar's list. (5) The matter is not to be regarded as part heard before me. Catchwords: PROCEDURE - civil - interlocutory issues - application for restraining order and ancillary orders - brought ex parte - appropriateness of proceeding ex parte - no danger of dispersal of funds sought to be restrained - giving of notice to possible interested persons as an alternative to proceeding ex parte Legislation Cited: Criminal Code Act 1995 (Cth), s 400.4 Proceeds of Crime Act 2002 (Cth), ss 19, 26, 338 Cases Cited: International Finance Trust Co Ltd v New South Wales Crime Commission [2009] HCA 49; 84 ALJR 31 Lee v NSW Crime Commission [2013] HCA 39 X7 v Australian Crime Commission [2013] HCA 29 Category: Principal judgment Parties: Ken Khanh Phong Ha Fei Mu Commissioner of the Australian Federal Police Representation: Counsel: Solicitors: Ms A Jessep (Plaintiff) File Number(s): 2014/22234