Application by the Commissioner of the Australian Federal Police [2018] NSWSC 1563

Supreme Court New South Wales

Medium Neutral Citation: Application by the Commissioner of the Australian Federal Police [2018] NSWSC 1563 Hearing dates: 16 October 2018 Date of orders: 16 October 2018 Decision date: 16 October 2018 Jurisdiction: Common Law Before: Johnson J Decision: 1. The Notice of Motion filed by CC&B International Pty Limited on 9 August 2016 is dismissed. 2. The Amended Notice of Motion filed by CC&B International Pty Limited on 26 July 2017 is dismissed. 3. The proceedings are listed for directions before the Common Law Registrar at 9.00 am on 31 October 2018. 4. Liberty to restore on three days written notice. 5. In the event that CC&B International Pty Limited is reinstated, it is to pay the Plaintiff's costs of the Notice of Motion filed on 21 June 2018. Catchwords: PROCEEDS OF CRIME - restraining order made over property under Proceeds of Crime Act 2002 (Cth) - application made by company for exclusion of company's alleged interest in property from restraint - company later deregistered by ASIC - applications for reinstatement of registration refused by ASIC - application by Plaintiff for dismissal of company's Notices of Motion given deregistration of company - application allowed - Notices of Motion dismissed Legislation Cited: Anti-Money Laundering and Counter Terrorism Financing Act 2006 (Cth) Civil Procedure Act 2005 Corporations Act 2001 (Cth) Criminal Code (Cth) Proceeds of Crime Act 2002 (Cth) Cases Cited: Amcus Pty Limited v Hurst Rentals Pty Ltd (No 2) [2010] NSWSC 239 Texts Cited: --- Category: Procedural and other rulings Parties: Commissioner of the Australian Federal Police (Plaintiff) Representation: Counsel: Mr L Livingston (Plaintiff) Mr MW Young SC (by leave for Ka Chun Leung and CC&B International Pty Limited)