The Commissioner of the Australian Federal Police v Cranston (No 12) [2020] NSWSC 508

Supreme Court New South Wales

Medium Neutral Citation: The Commissioner of the Australian Federal Police v Cranston (No 12) [2020] NSWSC 508 Hearing dates: 01 May 2020 Date of orders: 07 May 2020 Decision date: 07 May 2020 Jurisdiction: Common Law Before: Wright J Decision: (1) The orders made at paragraphs 49 and 50 of the orders made in these proceedings on 16 May 2017 be vacated. (2) The orders made at paragraphs 51 and 52 of the orders made in these proceedings on 16 May 2017 be vacated. (3) The orders made at paragraphs 54 and 55 of the orders made in these proceedings on 16 May 2017 be vacated. (4) The orders made at paragraphs 57 and 58 of the orders made in these proceedings on 16 May 2017 be vacated. (5) The orders made at paragraphs 63, 64, 65, 66 and 67 of the orders made in these proceedings on 16 May 2017 be vacated. (6) The order made at paragraph 141 of the orders made in these proceedings on 16 May 2017 be amended to read as follows: Pursuant to section 18 of the Proceeds of Crime Act 2002 (Cth), the property specified in Item 2 of Schedule 88 of these Orders must not be disposed of or otherwise dealt with by any person except in the manner and circumstances specified in these orders. (7) The custody and control order made at paragraph 163 of the orders made in these proceedings on 16 May 2017 as amended in the Fourth Further Amended Summons filed on 6 July 2018 be amended to read as follows: Pursuant to section 38 of the Proceeds of Crime Act 2002 (Cth), the Official Trustee in Bankruptcy (Official Trustee) is to take custody and control of the property specified in Schedules 1 to 20 inclusive, Schedule 23, Schedule 25, Schedules 27 to 28 inclusive, Schedules 30 to 87 inclusive, Schedule 88 Item 2, Schedules 89 to 98 inclusive, Schedule 100, Schedules 102 to 106 inclusive, Schedules 110 to 121 inclusive and Schedules 123 to 129 inclusive, to this Summons. Catchwords: CRIME - Proceeds of Crime – Variation and vacation of orders under the Proceeds of Crime Act 2002 (Cth) Legislation Cited: Proceeds of Crime Act 2002 (Cth) Cases Cited: The Commissioner of the Australian Federal Police v Cranston and Ors (No 1) [2017] NSWSC 674 Category: Procedural and other rulings Parties: The Commissioner of the Australian Federal Police (Plaintiff) Adam Michael Cranston (First Defendant) Jason Cornell Onley (Second Defendant) Simon Paul Anquetil (Third Defendant) Dev Menon (Fourth Defendant) Devyn Hammond (Sixth Defendant) Prescott Page Recoveries Pty Ltd (Twenty-Fourth Defendant) Dali Cvek (Twenty-Fifth Defendant) First to Tenth Respondents Representation: Counsel: G O'Mahoney (Plaintiff) P Bruckner (Fourth Defendant)