The Commissioner for the Australian Federal Police v Robert Francis Agius [2016] NSWSC 1695

Supreme Court New South Wales

Medium Neutral Citation: The Commissioner for the Australian Federal Police v Robert Francis Agius [2016] NSWSC 1695 Hearing dates: 6 October 2016 Decision date: 01 December 2016 Before: Hall J Decision: 1. Proposed transfer by the respondent of its interest as registered mortgagee of the defendant's property (Kent Street, Sydney) under registered mortgage to the applicant would not contravene the restraining order made on 28 April 2008 in relation to the defendant's interest in the property. 2. The question of costs is reserved Catchwords: PROCEEDS OF CRIME – whether proposed transfer of a registered mortgage concerning a residential property the subject of a restraining order under s 17 of the Proceeds of Crime Act 2002 would constitute a contravention of restraining order – whether such transfer would constitute a dealing within meaning of s 338 of the Act – terms of earlier variation order limited mortgage security – whether a transfer of existing mortgage to the applicant (a firm of solicitors) to whom the registered proprietor of the property was indebted to for legal fees would or would not have a direct or indirect effect of reducing value of defendant's interest in the property in circumstances in which the limitation of $350,000 would apply and an order under the Act would be required before the property could be sold by the exercise of the mortgagee's power of sale Legislation Cited: Proceeds of Crime Act 2002 (Cth) Real Property Act 1900 Cases Cited: Commissioner of the AFP v Agius [2016] NSWSC 894 Director of Public Prosecutions for Victoria v Le (2007) 232 CLR 562; [2007] HCA 52 English Scottish and Australian Bank Ltd v Phillips (1937) 57 CLR 302; [1937] HCA 6 Provident Capital Ltd v Printy [2008] NSWCA 131 Category: Principal judgment Parties: Commissioner of Australian Federal Police (Plaintiff) Robert Francis Agius (Defendant) Butlers Business Lawyers Pty Ltd (Applicant) Zenith National Pty Ltd (Respondent) Representation: Counsel: Mr P McGuire SC (Plaintiff) Mr N Kulkarni (Applicant)