Commissioner of the Australian Federal Police

Case •

[2018] NSWSC 702

•

17 May 2018

No judgment structure available for this case.

Supreme Court


New South Wales

Medium Neutral Citation: Commissioner of the Australian Federal Police [2018] NSWSC 702
Hearing dates: 17 May 2018
Decision date: 17 May 2018
Jurisdiction:Common Law
Before: Adamson J
Decision:

See paragraph [7].

Catchwords: PRACTICE AND PROCEDURE – application for examination under the Proceeds of Crime Act 2002 (Cth) – application granted
Legislation Cited: Proceeds of Crime Act 2002 (Cth) ss 180, 180B
Category:Procedural and other rulings
Parties: Commissioner of Australian Federal Police (Plaintiff)
Fuwei (Carina) Yang (Respondent)
Representation:

Counsel:
V O’Halloran (Plaintiff)
S Zhao (Respondent)

  Solicitors:
File Number(s): 2017/62310

Judgment – EX TEMPORE

  1. By notice of motion filed on 8 May 2018, the Commissioner of the Australian Federal Police (the plaintiff) sought, amongst other orders, an order for the examination of Ms Yang, pursuant to ss 180 and 180B of the Proceeds of Crime Act 2002 (Cth) (the Act).

  2. The matter came before Button J, who was the Duty Judge last week. His Honour declined to make the orders for examination ex parte and stood the matter over in order that Ms Yang could be served. Ms Yang was duly served by the plaintiff and appears today through her legal representative, Mr Zhao.

  3. The parties have agreed to the making of consent orders and have provided me with signed short minutes of order.

  4. The power to order an examination arises under s 180 of the Act if a restraining order is in force. I am satisfied, on the basis of the affidavit of Mieke Whitford affirmed 4 May 2012, that a restraining order is in force, such an order having been made by Adams J on 27 February 2017.

  5. I note that Mr Zhao has indicated that Ms Yang will need an interpreter for any such examination and I have been assured by Ms O'Halloran, who appears on behalf of the plaintiff, that it is the plaintiff's practice to arrange for interpreters if, and when, required for such examinations.

  6. Accordingly, for these reasons, I will make orders by consent in accordance with the short minutes of order, which I will sign and date and to which I will have my Associate affix the Court stamp.

Orders

  1. I make the following orders:

  1. Pursuant to s 180 of the Proceeds of Crime Act 2002 (Cth), Fuwei (Carina) Yang (Date of Birth: 16 February 1981) (Ms Yang) is to be examined about the affairs of:

  1. Xiaoting He (Date of Birth: 18 April 1991) (Ms He); and

  2. Wen Lin (Date of Birth: 18 November 1980) (Mr Lin).

  1. Pursuant to s 180B of the Proceeds of Crime Act 2002 (Cth), Ms Yang is to be examined about the affairs of:

  1. Ms He; and

  2. Mr Lin.   

  1. These orders to be entered forthwith.

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Decision last updated: 18 May 2018

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