Application by the Commissioner of the Australian Federal Police [2015] NSWSC 77

Supreme Court New South Wales

Medium Neutral Citation: Application by the Commissioner of the Australian Federal Police [2015] NSWSC 77 Hearing dates: 30 January 2015 Date of orders: 30 January 2015 Decision date: 30 January 2015 Jurisdiction: Common Law Before: Davies J Decision: 1. Notwithstanding the order made by the Registrar on 9 December, I will extend the time to Yixiong Chen to file and serve all of his evidence in relation to the Notice of Motion by 21 February 2015. 2. Any evidence not filed and served by 21 February will not be entitled to be relied upon without the leave of a Judge of this Court. 3. Mr Chen is to pay the Plaintiff's costs of today and any other costs thrown away by reason of noncompliance with the order of the Registrar on 9 December. 4. I note that prayer 2 in the Notice of Motion filed today is not pursued. Catchwords: PROCEDURE – affidavits – time for filing – failure by defendant to file and serve affidavits in accordance with directions – guillotine order by Registrar – delay not caused by fault of defendant – no prejudice to plaintiff not compensable by costs – time extended Legislation Cited: Proceeds of Crime Act 2002 (Cth) Category: Procedural and other rulings Parties: The Commissioner of the Australian Federal Police (Plaintiff) Yixiong Chen (Applicant) Representation: Counsel: S Le Poidevin D Junn (Applicant)

Solicitors: Australian Federal Police, Proceeds of Crime Litigation (Plaintiff) Dixon Holmes Lawyers (Applicant) File Number(s): 2014/170251