Commissioner of the Australian Federal Police v Robert Francis Agius [2017] NSWSC 1764

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of the Australian Federal Police v Robert Francis Agius [2017] NSWSC 1764 Hearing dates: 12 December 2017 Date of orders: 15 December 2017 Decision date: 15 December 2017 Jurisdiction: Common Law Before: Hamill J Decision: (1) Pursuant to section 38 of the Proceeds of Crime Act 2002 (Cth) (Act), the Official Trustee in Bankruptcy (Official Trustee) is to take custody and control of the property comprised of Lot 16 in Strata Plan 22481 at Sydney, Local Government Area: Sydney being Unit 16/533 Kent Street, Sydney in the State of New South Wales (Unit).

(2) Pursuant to section 283(1)(a) of the Act, in order to enable the Official Trustee to comply with the directions pursuant to s 282(1) of the Act contained in Order 3, the Court directs the Official Trustee to sell or otherwise dispose of the Unit PROVIDED THAT the completion of any sale by the Official Trustee is not to occur earlier than 30 June 2018.

(3) The Court directs the Official Trustee to pay the following amounts out of the proceeds of the sale of the Unit: (a) firstly, payment of any statutory charges or rates owing in relation to the Unit; (b) secondly, the sum of $350,000 to Butlers Business Lawyers Pty Limited, being the amount secured by registered mortgage AF794347 over the Unit; (c) thirdly, pursuant to section 284 of the Act, all legal and other fees, costs, charges and expenses incurred by the Official Trustee in relation to the sale of the Unit pursuant to Order 2; (d) fourthly, pursuant to section 282(1), payment to the Commonwealth of an amount equal to $580,295, being the penalty amount under the pecuniary penalty order made in these proceedings on 1 July 2016, or so much of the penalty amount as possible; and (e) fifthly payment of strata levies, interests and costs owing at the time of settlement of the sale of the Unit pursuant to Order 2.