The Commissioner of the Australian Federal Police [2016] NSWSC 1327

Supreme Court New South Wales

Medium Neutral Citation: The Commissioner of the Australian Federal Police [2016] NSWSC 1327 Hearing dates: 19 September 2016 Date of orders: 19 September 2016 Decision date: 19 September 2016 Jurisdiction: Common Law Before: Beech-Jones J Decision: Upon the plaintiff providing, on behalf of the Commonwealth, the usual undertaking as to damages the Court orders that: 1 Pursuant to rule 6.15 of the Uniform Civil Procedure Rules (NSW), this summons is made returnable immediately. 2 Pursuant to section 26(4) of the Proceeds of Crime Act 2002 (Cth) ("the Act") this summons be considered without notice. 3 Pursuant to section 19 of the Act, the property specified in the Schedule to this summons must not be disposed of or otherwise dealt with by any person except in the manner and circumstances specified in these orders. 4 Pursuant to section 38 of the Act, the Official Trustee in Bankruptcy (Official Trustee) is to take custody and control of the property specified in the Schedule to this summons. 5 Proceedings be listed for directions before the Common Law Registrar at 9am on 28 November 2016. SCHEDULE Funds standing to the credit of Commonwealth Bank of Australia Goal Saver account no. XXXXXX XXXXXXXX, held in the name of 'AHMAD NAJMUDDIN BIN MOHD WAN'. Catchwords: PROCEEDS OF CRIME – restraining order – ex parte application – orders made in terms of short minutes of order Legislation Cited: Anti-Money Laundering and Counter Terrorism Financial Act 2006 (Cth) Criminal Code (Cth) Proceeds of Crime Act 2002 (Cth) Cases Cited: Commissioner of the Australian Federal Police v Duc Pham [2015] NSWSC 1383 Category: Procedural and other rulings Parties: The Commissioner of the Australian Federal Police (Plaintiff) Representation: Solicitors: Mr T McLaughlin Criminal Assets Litigation, Australian Federal Police File Number(s): 2016/280267 Publication restriction: Nil