Commissioner of the Australian Federal Police v Fung [2016] NSWSC 522

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of the Australian Federal Police v Fung [2016] NSWSC 522 Hearing dates: 27 April 2016 Date of orders: 27 April 2016 Decision date: 27 April 2016 Jurisdiction: Common Law Before: Davies J Decision: Upon the Plaintiff providing, on behalf of the Commonwealth, the usual undertaking as to costs and damages, the Court orders that:

Restraining Order

1. Pursuant to section 19(1 )(b) of the Proceeds of Crime Act 2002 (Cth) (Act) the property specified in Schedule Two must not be disposed of or otherwise dealt with by any person except in the manner and circumstances specified.

2. Pursuant to section 19(1)(b) of the Act the property specified in Schedule Three must not be disposed of or otherwise dealt with by any person except in the manner and circumstances specified.

Custody and Control Orders

3. Pursuant to section 38 of the Act the Official Trustee is to take custody and control of the property specified in Schedule Two.

4. Pursuant to section 38 of the Act the Official Trustee is to take custody and control of the property specified in Schedule Three.

Further Orders

5. The proceedings are listed for directions before the Common Law Registrar at 9:00am on 27 July 2016.

6. The parties are granted liberty to restore on three days' written notice.

7. Any orders made be entered forthwith

SCHEDULE TWO Cash seized by AFP Members on 1 March 2016 from a Silver 4WD Land Rover Discovery motor vehicle bearing NSW Registration Number AM13VS identified as Items AUDRM/001, AUDRM/002 and AUDRM/003 on Property Seizure Record M370618, including any interest earned thereon.