Commissioner of the Australian Federal Police; In the matter of s 9 of the Proceeds of Crime Act 2002 (Cth) and the funds standing to the credit of Commonwealth Bank of Australia accounts held in the name of Sanko Lordianto and Indriana Koernia [2017] NSWSC 551

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of the Australian Federal Police; In the matter of s 9 of the Proceeds of Crime Act 2002 (Cth) and the funds standing to the credit of Commonwealth Bank of Australia accounts held in the name of Sanko Lordianto and Indriana Koernia [2017] NSWSC 551 Hearing dates: 27 April 2017 Date of orders: 28 April 2017 Decision date: 05 May 2017 Jurisdiction: Common Law Before: McCallum J Decision: Leave granted to the Commissioner to file in Court the notice of motion dated 26 April 2017; application dismissed Catchwords: PROCEDURE – application to vacate hearing date – where Supreme Court of another State recently published a decision concerning the proper construction of the relevant legislation – Commissioner intending to appeal against that decision – where multiple proceedings concerning the same legislation awaiting hearing – factors to be taken into account in determining whether to vacate a hearing date – principle that the Court should deal with the law as it is rather than speculate about changes in the law Legislation Cited: Anti-Money Laundering and Counter Terrorism Financing Act 2006 (Cth), s 142 Civil Procedure Act 2005 (NSW) Proceeds of Crime Act 2002 (Cth), ss 19, 29, 330(4)(a) Cases Cited: Commissioner of the Australian Federal Police v Kalimuthu (No 3) [2017] WASC 108 Geelong Football Club Ltd v Clifford [2002] VSCA 212 South Tweed Heads Rugby League Football Club Ltd v Cole [2002] NSWCA 205 Category: Procedural and other rulings Parties: Commissioner of the Australian Federal Police (plaintiff) Sanko Lordianto (applicant) Indriana Koernia (applicant) Representation: Counsel: LT Livingston (plaintiff) TP Mitchell (applicants)