Commissioner of the Australian Federal Police v Pharmacy Depot Hurstville Pty Ltd [2018] NSWSC 1284

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of the Australian Federal Police v Pharmacy Depot Hurstville Pty Ltd [2018] NSWSC 1284 Hearing dates: 16 August 2018 Date of orders: 21 August 2018 Decision date: 21 August 2018 Jurisdiction: Common Law Before: Davies J Decision: (1) The first defendant's Notice of Motion filed 13 July 2018 is dismissed.

(2) The first defendant is to pay the Plaintiff's costs of the Motion. Catchwords: CIVIL PROCEDURE – separate determination of questions – where appropriate – provisional liquidator of defendant sought control of assets subject to restraining orders obtained by plaintiff – order sought by defendant but resisted by plaintiff – where inconsistency asserted between Proceeds of Crime Act (Cth) and Corporations Act (Cth) - several factual inquiries necessarily anterior to determination of proposed separate question – duplication of issues at separate and final hearings – novelty of issues made appeal probable – separate determination refused Legislation Cited: Civil Procedure Act 2005 (NSW) s 56 Confiscation Act 1997 (Vic) Corporations Act 2001 (Cth) ss 471B, 474 Criminal Code Act 1995 (Cth) ss 134.2, 400.9 Proceeds of Crime Act 2002 (Cth) ss 18, 24, 38, 39, 42, 73, 92, 94, 329, 330 Cases Cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (NT) (2009) 239 CLR 27 Allandale Blue Metal Pty Ltd v Roads and Maritime Services [2013] NSWCA 103 BNY Trust Company of Australia Limited v MMJ Real Estate (WA) Pty Ltd [2018] NSWSC 1052 Crawley v Vero Insurance Ltd & Ors [2012] NSWSC 593 HP Mercantile Pty Ltd v Hartnett [2016] NSWCA 342 Loo v Director of Public Prosecutions (Victoria) [2005] VSCA 161 Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355 Southwell v Bennett [2010] NSWSC 1372 Texts Cited: Nil Category: Procedural and other rulings Parties: Commissioner of the Australian Federal Police (Plaintiff) Pharmacy Depot Hurstville Pty Ltd (Provisional Liquidators Appointed) (First Defendant) Yakoop (Jacob) Youssef (Second Defendant) Hamza Amin Zoghbi (Third Defendant) Representation: Counsel: E A Cheeseman & B Koch (Plaintiff) A d'Arville (First Defendant)