The Commissioner of the Australian Federal Police v Vo [2016] NSWSC 711

The Commissioner of the Australian Federal Police v Vo [2016] NSWSC 711

Ms Vo failed to discharge the statutory onus of proving that any portion of her interest in the property (or the equivalent surplus funds) was neither derived directly or indirectly from the commission of an offence nor an instrument of an offence. The evidence established that the property was acquired and the surplus funds realised as a result of offences involving deception in obtaining the bank loan, with funds advanced by a collaborator involved in the deception. Therefore, she was not entitled to a compensation order under the Proceeds of Crime Act 2002 (Cth).

Jurisdiction
Australia
Judgment Date
03 June 2016
Procedural Posture
Application for Compensation Order Under the Proceeds of Crime Act 2002 (cth) / Final Decision on Notice of Motion
Outcome
Defendant's application for a compensation order dismissed
Legal Topics
['compensation Order' 'forfeiture of Property' 'obtaining Financial Advantage by Deception' 'use of Property as Instrument of Offence']
['criminal Law' 'proceeds of Crime'] ['compensation Order' 'forfeiture of Property' 'obtaining Financial Advantage by Deception' 'use of Property as Instrument of Offence']

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Procedural Posture

Application for Compensation Order Under the Proceeds of Crime Act 2002 (cth) / Final Decision on Notice of Motion

Legal Issues

  1. 1 ['Whether the applicant is entitled to a compensation order under the Proceeds of Crime Act 2002 (Cth) for a portion of the value of property forfeited to the Commonwealth based on whether her interest was not derived from or was not an instrument of any offence']

Ratio Decidendi

Ms Vo failed to discharge the statutory onus of proving that any portion of her interest in the property (or the equivalent surplus funds) was neither derived directly or indirectly from the commission of an offence nor an instrument of an offence. The evidence established that the property was acquired and the surplus funds realised as a result of offences involving deception in obtaining the bank loan, with funds advanced by a collaborator involved in the deception. Therefore, she was not entitled to a compensation order under the Proceeds of Crime Act 2002 (Cth).

Court Disposition

Defendant's application for a compensation order dismissed

Orders

  • ["Dismiss the defendant's notice of motion filed on 25 May 2015." "Order the defendant to pay the plaintiff's costs."]