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[2021] NSWSC 476

The Commissioner of the Australian Federal Police v Omar

The First and Second Defendants pay the Plaintiff’s costs of so much of the proceedings as was determined by The Commissioner of the Australian Federal Police v Omar [2021] NSWSC 366.

Catchwords

COSTS – no question of principle

Cases cited

  • The Commissioner of the Australian Federal Police v Omar[2021] NSWSC 366

Legislation cited

  • Proceeds of Crime Act 2002 (Cth)

Judgment

  1. [1]

    On 14 April 2021, I made final orders for the forfeiture of certain restrained property, as well as orders under s 116(1) of the Proceeds of Crime Act 2002 (Cth), requiring each of the first and second defendants to pay substantial pecuniary penalties. I published reasons for those orders: The Commissioner of the Australian Federal Police v Omar [2021] NSWSC 366.

  2. [2]

    Subsequent to those orders, the plaintiff, the Commissioner for the Australian Federal Police, has filed further written submissions seeking an order for costs against the first and second defendant on the ordinary basis. Given the status of the third to sixth defendants, the complete success enjoyed by the Commissioner and the findings made in The Commissioner of the Australian Federal Police v Omar [2021] NSWSC 366 concerning the role played by the first and second defendants in directing the conduct of the third to sixth defendants, that relief must follow.

  3. [3]

    Accordingly, the Court orders that:

Unofficial copy. Source: NSW Caselaw. Refer to the official version for authoritative text.