Commissioner of the Australian Federal Police v W (No 3) [2016] NSWSC 1200

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of the Australian Federal Police v W (No 3) [2016] NSWSC 1200 Hearing dates: 23 August 2016 Date of orders: 29 August 2016 Decision date: 29 August 2016 Jurisdiction: Common Law Before: Adamson J Decision: (1) Set aside the stay of these proceedings ordered on 1 June 2016.

(2) Reserve the costs of the plaintiff's application to set aside the stay; of the adjournment of the proceedings; and of the defendants' application for an extension of the stay.

(3) If any application for costs is to be made by any party (the applicant) against any party (the respondent) the following directions apply:

(a) Direct the applicant to serve on the other parties and provide to my Associate by email such application within seven days hereof with submissions in support;

(b) Direct the respondent to any such application to respond by the same means within a further seven days and;

(c) Direct the applicant to reply by the same means within a further seven days. Catchwords: PROCEEDS OF CRIME – practice and procedure – application to re-open and set aside a stay previously granted in the proceedings – date for criminal trial vacated and likely to be some delay in re-listing – stay due to expire – non-disclosure of fact material to original decision to grant stay – stay set aside Legislation Cited: Civil Procedure Act 2005 (NSW) Crimes Act 1900 (NSW), s 254(b)(ii) Criminal Code Act 1995 (Cth), Sch 1, s 400.9 Proceeds of Crime Act 2002 (Cth), s 180 Uniform Civil Procedure Rules 2005 (NSW), rr 36.15, 36.16 Cases Cited: Cooper v Williams [1963] 2 QB 567 Dietrich v The Queen (1992) 177 CLR 292 Elton v Cavill (No 2) (1994) 34 NSWLR 289 Hutchinson v Nominal Defendant [1972] 1 NSWLR 443 Restricted Judgment [2016] NSWCA 103 The Commissioner of the Australian Federal Police v W [2016] NSWSC 683 Woods v The Sheriff of Queensland (1895) 8 QLJ 163 Category: Procedural and other rulings Parties: Commissioner of Australian Federal Police (Plaintiff) W (First Defendant) B (Second Defendant) Representation: Counsel: A Moses SC/G O'Mahoney (Plaintiff) M Bennett (Defendants) J Johnson (Diverse Property Constructions Pty Ltd)