Application by the Commissioner of the Australian Federal Police
[2013] NSWSC 607
•21 May 2013
Supreme Court
New South Wales
Medium Neutral Citation: Application by the Commissioner of the Australian Federal Police [2013] NSWSC 607 Hearing dates: 21 May 2013 Decision date: 21 May 2013 Jurisdiction: Common Law Before: Davies J Decision: Orders as per paragraphs 1 - 4 and 7 of the Plaintiff's SMO in the following terms:
1. Pursuant to section 19(1)(b) of the Proceeds of Crime Act 2002 (the Act) the property specified in Schedule One of the Summons must not be disposed of or otherwise dealt with by any person except in the manner and circumstances specified in these Orders.
2. Pursuant to section 19(1)(b) of the Act, the property specified in Schedule Two of the Summons must not be disposed of or otherwise dealt with by any person except in the manner and circumstances specified in these Orders.
3. Pursuant to section 38 of the Act, the Official Trustee in Bankruptcy is to take custody and control of the property specified in Schedule One.
4. Pursuant to section 38 of the Act, the Official Trustee in Bankruptcy is to take custody and control of the property specified in Schedule Two.
5. The proceedings be stood over to 9.00am on 18 June 2013 before the Common Law Registrar.
The Court notes paragraph 8 of the Short Minutes of Order in the following terms:
Shiau-Yi Ma warrants to the Commonwealth that he has no interest, claim or right in respect of the property specified in Schedule Two.
Catchwords: CRIMINAL LAW - proceeds of crime - freezing orders - no point of principle. Legislation Cited: Proceeds of Crime Act 2002 (Cth) Category: Interlocutory applications Parties: Commissioner of the Australian Federal Police (Plaintiff)
Ernest Shian Yi Ma (Defendant)
Kam Hung Ng (Defendant)Representation: Counsel:
L Booth (Plaintiff)
D Green (Ernest Shian Yi Ma)
M Smith (Kam Hung Ng)
Solicitors:
Proceeds of Crime Litigation, Australian Federal Police (Plaintiff)
Jackson Lalic Lawyers Pty Ltd (Ernest Shian Yi Ma)
McGirr Lawyers (Kam Hung Ng)
File Number(s): 2013/141239
Judgment
This is an application under s 19 of the Proceeds of Crime Act 2002 (Cth) in relation to property more particularly identified in Schedules 1 and 2 of the Summons. The application is supported by the affidavit of Katrina Renae Hoyes of 6 May 2013.
I am satisfied, having read Ms Hoyes's affidavit, that the application is made by a Proceeds of Crime Authority and that Ms Hoyes is an authorised officer within the meaning of s 338 of the Act in that regard.
I am satisfied that Ms Hoyes has the suspicions set out in paragraphs 9 and 10 of her affidavit that the identified sums of money are the proceeds of an indictable offence and/or an instrument of a serious offence within the meaning of s 19 of the Act.
Having read the remainder of the affidavit together with the material in the exhibit to that affidavit, including the statement of facts, I am satisfied that the suspicion that is held by Ms Hoyes is held on reasonable grounds.
The persons against whom the orders are sought have appeared today and have consented to the orders under s 19.
Two other persons whom the plaintiff reasonably believes may have an interest in the property have been notified pursuant to s 26 of the Act of the present application. Those persons are Joan Phoi Man Vong and Yun Sil Choi. There is evidence that Ms Choi was personally served with a letter informing her of the application and when it would be heard. There is evidence that documents for Ms Vong were left with her mother but that subsequently the solicitor for the plaintiff has spoken on two occasions with Ms Vong. The solicitor is satisfied that Ms Vong is aware of the letter which was left with her mother and is aware of the date on which these proceedings were to be heard in the first instance, that is today.
I am satisfied therefore that proper notice has been given under s 26 of the Act to those two persons.
Accordingly, I make orders in accordance with paragraphs 1 to 4 of the Short Minutes of Order that have been agreed between the Plaintiff, Mr Ma and Mr Ng, for whom Mr Green and Mr Smith respectively appear. I note the terms of paragraph 8 of the Short Minutes of Order.
Orders
Orders as per paragraphs 1 - 4 and 7 of the Plaintiff's SMO in the following terms:
1. Pursuant to section 19(1)(b) of the Proceeds of Crime Act 2002 (the Act) the property specified in Schedule One of the Summons must not be disposed of or otherwise dealt with by any person except in the manner and circumstances specified in these Orders.
2. Pursuant to section 19(1)(b) of the Act, the property specified in Schedule Two of the Summons must not be disposed of or otherwise dealt with by any person except in the manner and circumstances specified in these Orders.
3. Pursuant to section 38 of the Act, the Official Trustee in Bankruptcy is to take custody and control of the property specified in Schedule One.
4. Pursuant to section 38 of the Act, the Official Trustee in Bankruptcy is to take custody and control of the property specified in Schedule Two.
5. The proceedings be stood over to 9.00am on 18 June 2013 before the Common Law Registrar.
The Court notes paragraph 8 of the Short Minutes of Order in the following terms:
Shiau-Yi Ma warrants to the Commonwealth that he has no interest, claim or right in respect of the property specified in Schedule Two.
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Decision last updated: 29 May 2013
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