Commissioner of the Australian Federal Police v Jieying Sun [2017] NSWSC 1476

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of the Australian Federal Police v Jieying Sun [2017] NSWSC 1476 Hearing dates: 30 & 31 August 2017 Date of orders: 30 October 2017 Decision date: 30 October 2017 Jurisdiction: Common Law Before: Wilson J Decision: (1) The application for exclusion orders is dismissed. (2) Ms Sun is to pay the Commissioner's costs. Catchwords: CIVIL PROCEDURE – restrained funds – application to exclude property from restraint – monies transferred internationally – question of whether property is proceeds or instrument of a serious offence – question of whether property deemed to be proceeds or instrument of crime Legislation Cited: Proceeds of Crime Act 2002 (Cth) Criminal Code Act 1995 (Cth) Crimes Act 1900 (NSW) Cases Cited: AFP v Lordianto [2017] NSWSC 1196 AFP v Pham [2015] NSWSC 1383 AFP v Fernandez [2017] NSWSC 1197 Commissioner of Australian Federal Police v Kalimuthu [No 3] [2017] WASC 108 Director of Public Prosecutions (Victoria) v Le (2007) 232 CLR 562 Studman v Commonwealth Director of Public Prosecutions (2007) 177 A Crim R 34; [2007] NSWCA 285 Category: Procedural and other rulings Parties: Commissioner of the Australian Federal Police – Applicant Jieying Sun – Respondent Representation: Counsel: Mr G O'Mahoney – Applicant Mr P Reynolds – Respondent

Solicitors: Solicitor for AFP Proceeds of Crime Litigation Unit – Applicant Weighbridge Lawyers – Respondent File Number(s): 2015/308779 Publication restriction: None