Commissioner of the Australian Federal Police v Lee (No 2) [2016] NSWSC 1131

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of the Australian Federal Police v Lee (No 2) [2016] NSWSC 1131 Hearing dates: 9 August 2016 Date of orders: 09 August 2016 Decision date: 09 August 2016 Jurisdiction: Common Law Before: Campbell J Decision: (1) The defendants are to file all evidence in support of their s 31 exclusion application by 4 October 2016. (2) Should the defendants elect not to proceed with the s 31 application, they are to notify the plaintiff on or before 4 October 2016. (3) List for directions before Common Law Case Management Registrar at 9 am on 11 October 2016 to confirm compliance with these orders, make directions for the filing of plaintiff's evidence in response and fix a date for the hearing of the s 31 application. (4) Set aside the costs order pronounced on 1 July 2016 (order 3). (5) The costs of the parties before me are costs in the cause. Catchwords: PROCEEDS OF CRIME – Applications for exclusion from restraining orders – Applications for forfeiture orders – whether forfeiture applications should be determining before the applications for exclusion from the restraining orders INTERPRETATION – construction of instruments – federal legislation – application of Victorian Court of Appeal authority which contradicts New South Wales Court of Appeal obiter Legislation Cited: Proceeds of Crime Act 2002 (Cth), ss 19, 29, 49, 77 Cases Cited: Autodesk Inc v Dyason (No 2) [1993] HCA 6; 176 CLR 300; Commissioner of the Australian Federal Police v Vo [2015] NSWSC 1523; Commissioner for Australian Federal Police v Zhang (Ruling No 1) [2015] VSC 390; 298 FLR 128; Commissioner for Australian Federal Police v Zhang [2016] VSCA 171; Elliott v R [2007] HCA 51; 234 CLR 38; Farah Constructions Pty Limited v Say-Dee Pty Limited [2007] HCA 22; 230 CLR 89; Lee v Director of Public Prosecutions (Cth) [2009] NSWCA 347; 75 NSWLR 581 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: S Clemmett (Plaintiff) C Juebner (Defendants)