Application by the Commissioner of the Australian Federal Police (No 2) [2015] NSWSC 1447

Supreme Court New South Wales

Medium Neutral Citation: Application by the Commissioner of the Australian Federal Police (No 2) [2015] NSWSC 1447 Hearing dates: 2 September 2015, 7 September 2015, 8 September 2015, 9 September 2015 and 10 September 2015 Date of orders: 01 October 2015 Decision date: 01 October 2015 Jurisdiction: Common Law Before: Schmidt J Decision: (1) The applicants' motions of 14 July 2015, 21 July 2015 and 2 September 2015 are dismissed.

(2) Unless the parties approach to be heard within 14 days, the applicants are to bear the Commissioner's costs of the motions, as agreed or assessed.

(3) All exhibits and subpoenaed material may be returned forthwith; any exhibits returned must be retained intact by the party or person that produced the material until the expiry of the time to file an appeal, or until any appeal has been determined. Catchwords: CIVIL LAW – proceeds of crime – forfeiture – notices of motion – applications for exclusion from forfeiture – whether interest in restrained money established – whether source of cash established – whether evidence established cash was not the proceeds of unlawful activity or the instrument of serious offences – not established – costs – referral – orders made

PROCEDURE – application for motions to be heard together with forfeiture applications – refused

EVIDENCE – witnesses – credibility – false evidence – referral made Legislation Cited: Anti-Money Laundering and Counter Terrorism Financing Act 2006 (Cth) Civil Procedure Act 2005 (NSW) Criminal Code Act 1995 (Cth) Evidence Act 1995 (NSW) Proceeds of Crime Act 2002 (Cth) National Consumer Credit Protection Act 2009 (Cth) Tax Administration Act 1953 (Cth) Cases Cited: Application by the Commissioner of the Australian Federal Police [2015] NSWSC 77 Application of the Commissioner of the Australian Federal Police (Supreme Court (NSW), 23 October 2014, unrep) Henderson v Queensland [2014] 52; (2014) 89 ALJR 162 Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298 Sanchez-Sidiropoulos v Canavan [2015] NSWSC 1139 Category: Procedural and other rulings Parties: The Commissioner of the Australian Federal Police (Plaintiff) Yixiong Chen (Applicant on Motion) Liming Hu (Applicant on Motion) H & K Finance Services Pty Ltd ACN 153 192 324 (Applicant on Motion) Representation: Counsel: Ms EA Cheeseman SC with Mr KS Anderson Mr I Temby QC (Applicants)