NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Commissioner of the Australian Federal Police v Wu [2018] NSWSC 1108 Hearing dates: 20 February 2018 Date of orders: 19 July 2018 Decision date: 19 July 2018 Jurisdiction: Common Law Before: Rothman J Decision: (1) Motion dismissed;
(2) The applicant on the motion shall pay the plaintiff's costs of and incidental to the proceedings. Catchwords: CRIME – proceeds of crime – Proceeds of Crime Act 2002 (Cth) – application to exclude property from restraining orders – interaction of ss 29, 31 and 330(4)(a) – property purchased with alleged "gift" from aunt in China – unnecessary to resolve – loan moneys obtained by dishonest deception – real property is both proceeds of crime and instrument of serious crime – motion dismissed Legislation Cited: Crimes Act 1900 (NSW) Crimes Act 1914 (Cth) Criminal Code Act 1995 (Cth) Proceeds of Crime Act 2002 (Cth) Cases Cited: Commissioner of the Australian Federal Police v Gwe & Hoang [2018] NSWSC 992 Jones v Dunkel (1959) 101 CLR 298; [1959] HCA 8 Lee v Director of Public Prosecutions (NSW) (2009) 75 NSWLR 581 MA v Commissioner of the Australian Federal Police [2016] VSC 553 Category: Principal judgment Parties: The Commissioner of the Australian Federal Police (Plaintiff) Qiao Wan Wu (Applicant) Representation: Counsel: D Tynan (Plaintiff) D C Eardley (Applicant)
Solicitors: Criminal Assets Litigation, Australian Federal Police (Plaintiff) Russo & Partners Pty Ltd (Applicant) File Number(s): 2016/124936
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