Application of the New South Wales Crime Commission

[2024] NSWSC 795

Supreme Court

New South Wales

Medium Neutral Citation:

Application of the New South Wales Crime Commission [2024] NSWSC 795

Hearing dates:

20 June 2024

Date of orders:

20 June 2024

Decision date:

20 June 2024

Jurisdiction:

Common Law

Before:

Davies J

Decision:

(1) Pursuant to section 33(2) of the Criminal Assets Recovery Act 1990 ("the Act"), the Proper Officer of Zahr & Zahr Lawyers Pty Ltd of Suite 1, Level 1, 21-25 King Street, Rockdale NSW 2216 produce to the person named in Schedule One hereto at the time and place specified in Schedule Two hereto in respect of the period 1 January 2020 to the date of this order, any original document, duplicate or copy document, in the possession or control of the Proper Officer of Zahr & Zahr Lawyers Pty Ltd of Suite 1, Level 1, 21-25 King Street including the documents described in Schedule Four hereto, relevant to:

(a) identifying, locating or quantifying any interest in property (within the meaning of "interest in property" as defined in section 7 of the Act) of the person named in Schedule Three hereto; and

(b) identifying or locating any document necessary for the transfer of an interest in property (within the meaning of "interest in property" as defined in section 7 of the Act) of the person named in Schedule Three hereto.

SCHEDULE ONE

Name of authorised officer: Min Xia Huang

SCHEDULE TWO

Time:   Between 9 am and 4 pm

Date:   on or before 19 July 2024

Place:   453-463 Kent Street, Sydney

SCHEDULE THREE

Name of person:   Rabeeh Mawas

Date of birth:   1 March 1977

Address of person:   36 Longstaff Avenue, Chipping Norton NSW 2170

SCHEDULE FOUR

All documents relating to the person specified in Schedule Three above (“Mawas”) including but not limited to:

(a) documents relating to title to real or personal property or the transfer or lease of or other dealings in any interest in such property;

(b) documents relating to all transactions for or with or on behalf of Mawas including documents relating to all monies received from or on behalf of or paid to or on behalf of Mawas;

(c) documents relating to the lease or transfer of any business in which Mawas has an interest;

(d) financial records, including balance sheets;

(e) testamentary documents, powers of Attorney and documents relating to trusts;

(f) applications for accounts, credit cards, loans and finance;

(g) notes, correspondence and working papers; and

(h) documents relating to loan agreements, including loan repayment schedules.

In this Schedule “document” means any record of information and includes:

(a) anything on which there is writing; or

(b) anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; or

(c) anything from which sounds, images, or writings can be produced with or without the aid of anything else (e.g. video and audio tapes and computer disks); or

(d) a map, plan, drawing or photograph.

Catchwords:

CRIMINAL LAW – proceeds of crime – production of documents – where proper officer suspects person engaged in serious crime – suspicion reasonably held – production order made

Legislation Cited:

Crimes Act 1900 (NSW) s 193B

Criminal Assets Recovery Act 1990 (NSW) ss 4, 6, 33

Drug Misuse and Trafficking Act 1985 (NSW) s 25

Cases Cited:

Nil

Texts Cited:

Nil

Category:

Procedural rulings

Parties:

New South Wales Crime Commission (Plaintiff)

Representation:

Counsel:
G Akle – ex parte (Plaintiff)

Solicitors:
New South Wales Crime Commission (Plaintiff)

File Number(s):

2024/227238

Publication restriction:

Nil

EX TEMPORE JUDGMENT

1. The plaintiff seeks an order pursuant to s 33(2) of the Criminal Assets Recovery Act 1990 (NSW) (“the Act”) that the proper officer of Zahr & Zahr Lawyers Pty Ltd of Rockdale produce documents identified in the summons.

2. Section 33(1) of the Act provides that if an authorised officer has reasonable grounds for suspecting that the person has possession or control of a property- tracking document, the authorised officer may lay before the Supreme Court an information on oath setting out those grounds and apply to the Court ex parte for a production order against the person suspected of having possession or control of the documents.

3. A property-tracking document is defined in s 4 of the Act as meaning a document, including one in digital or electronic form, relevant to determining, identifying or locating, inter alia, an interest in property of a person who might reasonably be suspected of engaging in a serious crime related activity.

4. The proper officer is Melissa Digby, who has sworn an affidavit in support of the summons dated 13 June 2024.

5. Ms Digby says that she suspects that Rabeeh Mawas has engaged in serious crime related activity, namely, supplying a large commercial quantity of a prohibited drug being methylamphetamine contrary to s 25(2) of the Drug Misuse and Trafficking Act 1985 (NSW), and also knowingly dealing with the proceeds of crime contrary to s 193B(2) of the Crimes Act 1900 (NSW), being an offence involving money laundering and punishable by imprisonment for five years. Both of these offences are serious criminal offences for the purpose of s 6(2) of the Criminal Assets Recovery Act.

6. Ms Digby bases her suspicion of Mr Mawas engaging in serious crime related activity on a police facts sheet which she has read. She bases her suspicion that Zahr & Zahr has in its possession a document or documents that constitute property tracking documents by reason of searches conducted showing that Mr Mawas had purchased a property in Longstaff Avenue, Chipping Norton and entered into a loan agreement with various of his relatives, such loan agreement having been witnessed by a solicitor who at the time was apparently employed by Zahr & Zahr Partners.

7. I have read Ms Digby’s affidavit and the various annexures to that affidavit and I am satisfied that the suspicions which she has set out in her affidavit are reasonably held.

8. In those circumstances, the orders sought should be made.

9. I make an order in terms of the draft order provided to me, which I have signed and dated today.

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Decision last updated: 27 June 2024