Commissioner of the Australian Federal Police v Huang [2019] NSWSC 1076

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of the Australian Federal Police v Huang [2019] NSWSC 1076 Hearing dates: 14 November 2017, 15 November 2017 Date of orders: 22 August 2019 Decision date: 22 August 2019 Jurisdiction: Common Law Before: Johnson J Decision: 1. The Defendant's Notice of Motion filed on 20 April 2016 is dismissed. 2. The Defendant is to pay the Plaintiff's costs of the Notice of Motion. Catchwords: PROCEEDS OF CRIME – application to exclude property from restraining orders – whether interest is the proceeds of an indictable offence or instrument of any serious offence under s.29(2)(d) Proceeds of Crime Act 2002 (Cth) – whether property ceases to be proceeds or an instrument – whether acquisition of property was by a third party for sufficient consideration under s.330(4)(a) Proceeds of Crime Act 2002 – application of Lordianto v Commissioner of the Australian Federal Police (2018) 337 FLR 17; [2018] NSWCA 199 – where Applicant was not a third party – where Applicant did not acquire interest for sufficient consideration – where Applicant was wilfully blind – application dismissed Legislation Cited: Acts Interpretation Act 1901 (Cth) Crimes Act 1900 (NSW) Criminal Proceeds Confiscation Act 2002 (Qld) Proceeds of Crime Act 2002 (Cth) Criminal Code (Cth) Cases Cited: Brauer v DPP (1989) 91 ALR 491 Commissioner of Australian Federal Police v Kalimuthu (No 3) (2017) 338 FLR 241; [2017] WASC 108 Commissioner of the Australian Federal Police v Courtenay Investments Ltd (No. 4) [2015] WASC 101 Commissioner of the Australian Federal Police v Fernandez (2018) 336 FLR 386; [2018] NSWCA 198 Commissioner of the Australian Federal Police v Fernandez [2017] NSWSC 1197 Commissioner of the Australian Federal Police v Gwe and Hoang [2018] NSWSC 992 Commissioner of the Australian Federal Police v Kalimuthu (No. 2) (2018) 340 FLR 1; [2018] WASCA 192 Commissioner of the Australian Federal Police v Lordianto (2017) 324 FLR 237; [2017] NSWSC 1196 Commissioner of the Australian Federal Police v Tjongosutiono (2018) 329 FLR 103; [2018] NSWSC 48 Commissioner of the Australian Federal Police v Vo [2015] NSWSC 1523 Director of Public Prosecutions (NSW) v Ronen [2005] NSWSC 990 Henderson v State of Queensland (2014) 255 CLR 1; [2014] HCA 52 Lordianto v Commissioner of the Australian Federal Police (2018) 337 FLR 17;[2018] NSWCA 199 Lordianto and Anor v Commissioner of the Australian Federal Police; Kalimuthu and Anor v Commissioner of the Australia Federal Police [2019] HCATrans 150 and 151 Vu v New South Wales Crime Commission [2013] NSWCA 282 Texts Cited: --- Category: Principal judgment Parties: Commissioner of the Australian Federal Police (Plaintiff) Shana Huang (Defendant) Representation: Counsel: Mr G O'Mahoney (Plaintiff) Mr PJ English (Defendant)