The Commissioner of the Australian Federal Police v Pharmacy Depot Hurstville Pty Ltd (No 2)

The case involved the Commissioner of the Australian Federal Police and Pharmacy Depot Hurstville Pty Ltd, where the dispute centred on proceeds of crime and restraining orders. The matter was heard in the Federal Circuit Court of Australia. The Commissioner sought restraining orders under the Proceeds of Crime Act 2002 (Cth) to prevent the respondents from dealing with or disposing of specified property, as well as orders for the appointment of a receiver. Pharmacy Depot Hurstville Pty Ltd applied for leave to amend its summons to include additional respondents and additional property. The court granted the application, allowing the summons to be amended to include further respondents and additional property.

The legal issues the court had to decide were whether leave should be granted to amend the summons to include additional respondents and additional property, and whether further orders should be made to restrain the respondents from dealing with or disposing of specified property. The court considered the timeliness of the application for leave to amend, the need for further evidence, and the potential prejudice to the respondents if the amendment was allowed. The court also considered the application for further orders to appoint a receiver and for restraining orders under the Proceeds of Crime Act 2002 (Cth).

The court held that the application for leave to amend was made in a timely manner and that there was no undue delay or prejudice to the respondents. The court found that the additional respondents and property should be included in the summons as the application was made before any evidence was adduced and that the respondents were not prejudiced by the amendment. The court also held that the application for further orders should be granted in terms agreed between the parties. The court found that there was a real prospect that the respondents had property that was the subject of the proceedings and that it was in the interests of justice to make the orders sought by the Commissioner. The court made further orders in terms agreed by the parties, including orders for the appointment of a receiver and for restraining orders.

The court made orders granting leave to amend the summons to include additional respondents and additional property. The court also made orders for the appointment of a receiver and for restraining orders under the Proceeds of Crime Act 2002 (Cth). The orders were made in terms agreed by the parties.