Commissioner of the Australian Federal Police application

[2013] NSWSC 1377

Supreme Court

New South Wales

Medium Neutral Citation:

Commissioner of the Australian Federal Police application [2013] NSWSC 1377

Hearing dates:

19 September 2013

Decision date:

19 September 2013

Jurisdiction:

Common Law

Before:

Davies J

Decision:

Restraining Order

1. Pursuant to s 19(1)(b) of the Proceeds of Crime Act 2002 (Cth) (Act), the property) specified in the Schedule to these orders must not be disposed of or otherwise dealt with by any person except in the manner and circumstances specified in these orders.

Custody and control order

2. Pursuant to s 38 of the Act, the Official Trustee in Bankruptcy is to take custody and control of the property specified in the Schedule to these orders.

Ancillary orders

3. Pursuant to s 39(1)(e)(iii) of the Act, the following persons are to do all things necessary to give custody and control of the property specified in the Schedule to these orders to the Official Trustee in Bankruptcy:

a. Credit Investment Pty Ltd (ACN 123 654 008); and

b. Chong Qing Hu.

Forfeiture Order

4. Pursuant to s 49 of the Act, the property specified in the Schedule to these orders is forfeited to the Commonwealth,

Other orders

5. Pursuant to s 69(2) of the Act, the Plaintiff and the Commonwealth have leave to deal with the forfeited property immediately,

SCHEDULE:

The sum of AUD256,041.40 held in an account with Credit Investment Pty Ltd (ACN 123 564 008) in the name of "Xing Hua Li", client number 3468.

Catchwords:

CRIMINAL LAW - proceeds of crime - restraining and forfeiture orders - no question of principle

Legislation Cited:

Proceeds of Crime Act 2002 (Cth)

Category:

Interlocutory applications

Parties:

The Commissioner of the Australian Federal Police (Plaintiff)

Representation:

Counsel:
A Brown (Plaintiff)
Solicitors:
Proceeds of Crime Litigation, Australian Federal Police (Plaintiff)

File Number(s):

2010/274042

Judgment

1. The Plaintiff applies for restraining orders under s 19 of the Proceeds of Crime Act 2002 (Cth) and orders pursuant to ss 38 and 39 of the Act as well as a forfeiture order under s 49 and an ancillary order that the forfeited property may be dealt with under s 69(2). The orders are put forward by consent.

1. I note the terms of s 31(6) which enables the Court to make an order in respect of an application under s 19 if everyone has consented whom the Court has reason to believe would be affected by the order. Sub-s 2 provides that I do not have to be satisfied or consider the matters that the Court would otherwise need to consider under s 19.

1. An affidavit of Morgan Verge Blunden sworn 11 September 2013 is relied upon. I have read that affidavit to satisfy myself that all parties who might be affected by the order have consented. In doing so, I have at the same time satisfied myself of the prerequisites to the making of an order without consent as s 19 requires.

1. I note that one of the two persons, Chong Qing Hu, is present in court with an interpreter and has indicated that he agrees to the orders. The other person who might be affected by the orders, Chang Yei Xiong, I am informed by the solicitor for the applicant has also consented to these orders and his solicitor's signature appears on the consent orders.

1. Accordingly, I make orders in paragraphs 1, 2, 3, 4 and 5 in the short minutes of order and I note that there is no order for costs.

1. The orders can be entered forthwith.

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Decision last updated: 20 September 2013