The Commissioner of the Australian Federal Police v Vo [2016] NSWSC 711

Supreme Court New South Wales

Medium Neutral Citation: The Commissioner of the Australian Federal Police v Vo [2016] NSWSC 711 Hearing dates: 24 May 2016, 1 June 2016 Decision date: 03 June 2016 Jurisdiction: Common Law Before: Adamson J Decision: (1) Dismiss the defendant's notice of motion filed on 25 May 2015.

(2) Order the defendant to pay the plaintiff's costs. Catchwords: CRIMINAL ASSETS – proceeds of crime – application for compensation order in respect of property forfeited to the Commonwealth – bank loan to purchase property obtained as a result of knowingly false representations by defendant – onus of proving interest in property was neither derived from offence nor instrument of offence within meaning of Proceeds of Crime Act not discharged – application dismissed Legislation Cited: Crimes Act 1958 (VIC), ss 81, 82 Criminal Code Act 1995 (Cth), Schedule 1, ss 400.1, 400.3, 400.9 National Consumer Credit Protection Act 2009 (NSW), s 29 Oaths Act 1900 (NSW), s 27A Proceeds of Crime Act 2002 (Cth), ss 19, 77, 78, 180 329, 330, 338 Cases Cited: Commissioner of the Australian Federal Police v Courtenay Investments Ltd (No. 4) [2015] WASC 101 Milne v The Queen [2014] HCA 4; 252 CLR 149 Taylor v Attorney-General (SA) (1991) 55 SASR 462 White v Director of Public Prosecutions (WA) [2011] HCA 20; 243 CLR 478 Category: Principal judgment Parties: The Commissioner of the Australian Federal Police (Plaintiff/Respondent) Thi Thuy Linh Vo (Defendant/Applicant) Representation: Counsel: G O'Mahoney (Plaintiff/Respondent) C Dobraszczyk (Defendant/Applicant)