Australian Federal Police v AD (No 2) [2015] NSWSC 1756

Australian Federal Police v AD (No 2) [2015] NSWSC 1756

On the evidence, statutory conditions are satisfied for the Council to sell the property; proceeds after indebtedness and costs of sale to be paid to Official Trustee and remain subject to restraining order.

Parties
Applicant on Motion: Ipswich City Council; Plaintiff/respondent on Motion: The Commissioner of the Australian Federal Police; Owner of Property: Bristol Wattle Properties Pty Ltd; Defendant: AD
Jurisdiction
Australia
Judgment Date
28 October 2015
Procedural Posture
Motion for Ancillary Order / Consequential Orders Following Prior Restraining Order
Outcome
Orders made in accordance with short minutes handed up by counsel; court seal affixed and orders entered forthwith.
Legal Topics
Proceeds of Crime, Restraining Orders, Variation of Orders, Local Government Rates and Property Sale
Criminal Law Proceeds of Crime Restraining Orders Variation of Orders Local Government Rates and Property Sale

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Parties

Ipswich City Council

Applicant on Motion

The Commissioner of the Australian Federal Police

Plaintiff/respondent on Motion

Bristol Wattle Properties Pty Ltd

Owner of Property

AD

Defendant

Procedural Posture

Motion for Ancillary Order / Consequential Orders Following Prior Restraining Order

Legal Issues

  1. 1 Whether restraining order should be varied to exclude certain property
  2. 2 Whether conditions for sale of land by council are satisfied
  3. 3 Treatment of sale proceeds under restraining order

Ratio Decidendi

On the evidence, statutory conditions are satisfied for the Council to sell the property; proceeds after indebtedness and costs of sale to be paid to Official Trustee and remain subject to restraining order.

Court Disposition

Orders made in accordance with short minutes handed up by counsel; court seal affixed and orders entered forthwith.

Orders

  • Variation of restraining order to permit sale of property by Council for recovery of rates; surplus proceeds to Official Trustee subject to restraining order.