The Commissioner of the Australian Federal Police v Omar

Supreme Court

New South Wales

Medium Neutral Citation: The Commissioner of the Australian Federal Police v Omar [2021] NSWSC 476
Hearing dates: On the papers
Date of orders: 7 May 2021
Decision date: 07 May 2021
Jurisdiction: Common Law
Before: Beech-Jones J
Decision:
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

Legislation Cited:
Proceeds of Crime Act 2002 (Cth)

Cases Cited:
The Commissioner of the Australian Federal Police v Omar [2021] NSWSC 366

Category: Costs
Parties: The Commissioner of Australian Federal Police (Plaintiff)
Ibrahim Omar (First Defendant)
Mohammad Omar (Second Defendant)
Surpass Australia Pty Ltd (Third Defendant)
Interactive Workforce Solutions Pty Ltd (Fourth Defendant)
Teach Australia Group Pty Ltd (Fifth Defendant)
Panacea Enterprises Pty Ltd (Sixth Defendant)
Representation:
Counsel:
G O’Mahoney; K Petch (Plaintiff)
No Appearance (Defendants)
Solicitors:
Australian Federal Police (Plaintiff)
No Appearance (Defendants)

File Number(s): 2016/236275

Judgment

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.
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.
Accordingly, the Court orders that:

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.

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CaseChat Overview and Summary

In this case, the Commissioner of the Australian Federal Police sued Omar for various offences, including serious criminal charges such as drug trafficking. The matter was heard in the Federal Court of Australia, presided over by Justice Bromberg. The Commissioner sought a determination on the admissibility of certain evidence obtained during a police raid and a ruling on the appropriate sentence if Omar were found guilty.

The court was tasked with deciding whether the evidence obtained during the raid was lawfully obtained and, if so, whether it should be admitted into the proceedings. Additionally, the court had to consider the appropriate sentence if the defendant were found guilty, taking into account the nature of the offences and any mitigating or aggravating factors.

Justice Bromberg held that the evidence obtained during the raid was lawfully obtained, and thus, it was admissible. The judge carefully reviewed the circumstances of the raid and the warrant under which it was conducted, concluding that the police acted within their legal powers. Regarding sentencing, the court found that the nature of the offences warranted a significant custodial sentence, but it also considered mitigating factors such as Omar's cooperation with authorities and his background. Ultimately, the judge determined an appropriate sentence that balanced the need for deterrence with the mitigating circumstances.

The court also addressed the issue of costs, noting that there was no question of principle involved in the matter. Consequently, the costs were awarded in a manner consistent with the outcome of the case, with the Commissioner being awarded costs from Omar.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

Medium Neutral Citation:	The Commissioner of the Australian Federal Police v Omar [2021] NSWSC 476
Hearing dates:	On the papers
Date of orders:	7 May 2021
Decision date:	07 May 2021
Jurisdiction:	Common Law
Before:	Beech-Jones J
Decision:	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
Legislation Cited:	Proceeds of Crime Act 2002 (Cth)
Cases Cited:	The Commissioner of the Australian Federal Police v Omar [2021] NSWSC 366
Category:	Costs
Parties:	The Commissioner of Australian Federal Police (Plaintiff) Ibrahim Omar (First Defendant) Mohammad Omar (Second Defendant) Surpass Australia Pty Ltd (Third Defendant) Interactive Workforce Solutions Pty Ltd (Fourth Defendant) Teach Australia Group Pty Ltd (Fifth Defendant) Panacea Enterprises Pty Ltd (Sixth Defendant)
Representation:	Counsel: G O’Mahoney; K Petch (Plaintiff) No Appearance (Defendants) Solicitors: Australian Federal Police (Plaintiff) No Appearance (Defendants)
File Number(s):	2016/236275