The Commissioner of the Australian Federal Police v Huang [2016] NSWSC 1544

Supreme Court New South Wales

Medium Neutral Citation: The Commissioner of the Australian Federal Police v Huang [2016] NSWSC 1544 Hearing dates: 1 November 2016 Date of orders: 03 November 2016 Decision date: 03 November 2016 Jurisdiction: Common Law Before: Harrison J Decision: (1) Set aside the subpoena filed on 1 August 2016 by Shana Huang. (2) Make no order as to costs. Catchwords: PROCEDURE – subpoena – application to set aside – where subpoena issued in relation to transcript of examination of person connected with alleged offence – where property of defendant suspected to be proceeds of crime – where Commissioner seeking forfeiture of defendant's property – whether defendant established that the documents that were the subject of the subpoena were sufficiently relevant to justify production Legislation Cited: Civil Procedure Act 2005 Criminal Code Act 1995 Proceeds of Crime Act 2002 Uniform Civil Procedure Rules 2005 Cases Cited: Denlay v Commissioner of Taxation (2010) 276 ALR 675; [2010] FCA 1434 McKinnon v Secretary, Department of the Treasury (2006) 208 CLR 423; [2006] HCA 45 Re VBN and Australian Prudential Regulation Authority (2006) 92 ALD 455 Seven Network Limited v News Limited (No 11) [2006] FCA 174 White v Tulloch (1995) 19 Fam LR 696 Category: Procedural and other rulings Parties: The Commissioner of the Australian Federal Police (Plaintiff) Shana Huang (Defendant) Representation: Counsel: G O'Mahoney (Plaintiff) P English (Defendant)