Commissioner of the Australian Federal Police v Ching Kwan Ho [2014] NSWSC 886

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of the Australian Federal Police v Ching Kwan Ho [2014] NSWSC 886 Hearing dates: 1 July 2014 Decision date: 01 July 2014 Jurisdiction: Common Law Before: Davies J Decision: Restraining Order 1. Pursuant to section 17 of the Proceeds of Crime Act 2002 (Cth), the property specified in Schedule One below 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 section 38 of the Proceeds of Crime Act 2002 (Cth), the Official Trustee in Bankruptcy (Official Trustee) is to take custody and control of the property specified in Schedule One below. Further Orders 3. Proceedings to be listed for directions before the Common Law Registrar on 7 October 2014. SCHEDULE ONE AUDI20,000 held by Super Forex Financial Pty Limited (ACN: 42 125 839 572) on behalf of Ching Kwan Ho, account number 10-201308300001. Orders to be entered forthwith. Catchwords: CRIMINAL LAW - proceeds of crime - restraining orders Legislation Cited: Commonwealth Criminal Code Proceeds of Crime Act 2002 (Cth) Category: Interlocutory applications Parties: The Commissioner of the Australian Federal Police (Plaintiff) Ching Kwan Ho (Defendant) Representation: Counsel: S Bettridge (Plaintiff) No appearance (Defendant) Solicitors: Australian Federal Police (Proceeds of Crime Litigation) File Number(s): 2014/194950