The Commissioner of the Australian Federal Police v Dickson [2019] NSWSC 362

Supreme Court New South Wales

Medium Neutral Citation: The Commissioner of the Australian Federal Police v Dickson [2019] NSWSC 362 Hearing dates: 1 April 2019 Date of orders: 03 April 2019 Decision date: 03 April 2019 Jurisdiction: Common Law Before: Campbell J Decision: (1) Prayers 3 and 4 in the Notice of Motion filed on 28 March 2019 are dismissed; (2) Mr Dickson is to pay the costs of the Official Trustee in Bankruptcy of and incidental to the motion. Catchwords: CRIMINAL LAW – Proceeds of crime – s 99 when can the Commonwealth begin dealing with forfeited property – onus on persons with interest in property to exclude from operation of Act – effect of conviction appeal – s 99 does not permit appeal process to proceed at rate determined by interested person – period fixed by s 99 ends if appeal lapses under court rules – no appeal presently on foot pursuant to statutory requirements – interim injunction dismissed

CIVIL PROCEDURE – Interlocutory application – injunction restraining second defendant – jurisdiction to grant is discretionary – requirement of prima facie case – court to weigh up injury to plaintiff and injury to defendant – dismissed Legislation Cited: The Proceeds of Crime Act 2002 (Cth), ss 18, 92, 93, 94, 99, 95, 99,107, 114, 333 338 Commonwealth of Australia Constitution Act (The Constitution), s 73 Criminal Appeal Act 1912 (NSW), s 3, 5 Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: AD v The Commissioner of the Australian Federal Police [2018] NSWCA 89; 332 FLR 285 Burrell v The Queen (2008) 238 CLR 218; [2008] HCA 34 Beecham Group Limited v Bristol Laboratories Pty Ltd (1968) 118 CLR 618; 1968 HCA 1 Commissioner of the Australian Federal Police v Dickson (No 3) [2016] NSWSC 564 Category: Procedural and other rulings Parties: The Commissioner of the Australian Federal Police (Plaintiff) Anthony James Dickson (Defendant) Representation: Counsel: S. Davidson (Plaintiff) S. Gollege (Official Trustee) N. Siafakas (Amicus) A.J. Dickson (Defendant via AVL)