Commissioner of the Australian Federal Police; in re the application of Cui [2017] NSWSC 1817

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of the Australian Federal Police; in re the application of Cui [2017] NSWSC 1817 Hearing dates: 16, 23 March 2017; last submissions 19 May 2017 Decision date: 22 December 2017 Jurisdiction: Common Law Before: McCallum J Decision: Application for exclusion orders dismissed; applicants to pay the Commissioner's costs Catchwords: CRIME – proceeds of crime – application to have large sum of cash excluded from restraining order –requirement to establish cash was neither proceeds of an indictable offence nor an instrument of any serious offence – applicants claiming cash was received from two unidentified men referred to as the Fat Man and the Skinny Man Legislation Cited: Proceeds of Crime Act 2002 (Cth), ss 19(1)(b), 29(2), 31, 317, s 330(4)(a) Anti-Money Laundering and Counter Terrorism Financing Act 2006 (Cth), s 53 Criminal Code 1995 (Cth), ss 400.2, 400.9 Cases Cited: Application by the Commissioner of the Australian Federal Police [2015] NSWSC 1817 Commissioner of the Australian Federal Police v Cui [2016] NSWSC 118 Commissioner of the Australian Federal Police v Kalimuthu (No 3) [2017] WASC 108 Commissioner of the Australian Federal Police v Lordianto [2017] NSWSC 1196 Category: Principal judgment Parties: Commissioner of the Australian Federal Police (plaintiff/respondent) Weili Cui (first applicant) Shushan Li (second applicant) Representation: Counsel: S Clemmett (plaintiff/respondent) ATS Dawson SC, C Mitchell (applicants)