Commissioner of the Australian Federal Police v Lee [2016] NSWSC 915

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of the Australian Federal Police v Lee [2016] NSWSC 915 Hearing dates: 31 May 2016 Date of orders: 01 July 2016 Decision date: 01 July 2016 Jurisdiction: Common Law Before: Campbell J Decision: Direct the parties to bring in short minutes of order giving effect to these reasons within 7 days; In default of agreement, liberty to apply by email to my associate; The defendants are to pay the plaintiff's costs of the proceedings before me. Catchwords: CIVIL LAW – proceeds of crime – where restraining orders granted – application for forfeiture pending – where applications for exclusion from forfeiture and compensation orders are made – whether these applications should be heard prior to or concurrently with forfeiture hearing Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Crimes Legislation Amendment (Proceeds of Crime and Other Measures) Act 2015 (Cth), 315A(2) Evidence Act 1995 (NSW), s 75A Judiciary Act 1903 (Cth), s 79 Proceeds of Crime Act 2002 (Cth), ss 19(1)(b), 29, 42, 49, 73, 74 Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Application by the Commissioner of the Australian Federal Police (No 2) [2015] NSWSC 1447 Berowra Holdings Pty Ltd v Gordon [2006] HCA 32; 225 CLR 364 Burton v Honan [1952] HCA 30; 86 CLR 169 Coco v The Queen [1994] HCA 15; 179 CLR 427 Commissioner of the Australian Federal Police v Courtenay Investments Ltd (No 4) [2015] WASC 101 Commissioner of the Australian Federal Police v Dong Hua International Investments Pty Ltd [2016] VSCA 15 Commissioner of the Australian Federal Police v Vo [2015] NSWSC 1523; Commissioner of the Australian Federal Police v Zhao [2015] HCA 5; 255 CLR 46 Commissioner of the Australian Federal Police v Zhang (Ruling No 1) [2015] VSC 390; 298 FLR 128 Category: Procedural and other rulings Parties: Commissioner of the Australian Federal Police (Plaintiff) Fatt Wai Lee, Saw Hoon Loh and Kai Wen Lee (Defendants) Representation: Counsel: E Cheeseman SC with S Clemmett (Plaintiff) C Juebner (Defendants)