New South Wales Crime Commission v Amyouni

[2024] NSWSC 103

Supreme Court

New South Wales

Medium Neutral Citation:

New South Wales Crime Commission v Amyouni [2024] NSWSC 103

Hearing dates:

14 February 2024

Date of orders:

14 February 2024

Decision date:

14 February 2024

Jurisdiction:

Common Law

Before:

Davies J

Decision:

Upon the Plaintiff giving the usual undertaking as to damages (the giving of which by its solicitor being noted) and

Considering that, having had regard to the matters contained in the affidavit of Jiansong Wen affirmed 14 February 2024, there are reasonable grounds for the suspicion stated therein

The Court orders:

1. Pursuant to section 10A of the Criminal Assets Recovery Act 1990 no person (other than any registered mortgagee dealing with its right to do so under the registered mortgage) is to dispose of, or attempt to dispose of, or otherwise deal with or attempt to otherwise deal with any interest in property (within the meaning of “interest in property” as defined in section 7 of the Criminal Assets Recovery Act 1990) of George Amyouni, including the interest in property in the property specified in Schedule One and Schedule Two hereto.

2. Pursuant to section 12(1)(b)(i) of the Criminal Assets Recovery Act 1990 George Amyouni shall be examined on oath before a Registrar of the Court concerning his affairs, including the nature and location of any property in which he has an interest.

3. Leave is granted to the Plaintiff to obtain from the Registry dates for the examination ordered in Order 2 above.

4. Pursuant to section 10B(2) of the Criminal Assets Recovery Act 1990 the New South Wales Trustee and Guardian shall take control of all the interest of George Amyouni in the property specified in Schedule Two hereto.

5. Pursuant to section 12(1)(c1) of the Criminal Assets Recovery Act 1990 George Amyouni shall furnish to the Plaintiff, within twenty one (21) days after service of a sealed copy of these orders on George Amyouni, a statement verified by oath of George Amyouni setting out the particulars sought in Schedule Three hereto.

6. Liberty is granted to the Plaintiff and George Amyouni to apply on three (3) days’ notice.

7. The costs of obtaining these orders shall be costs in the cause.

8. These proceedings be listed for mention before the Common Law Registrar at 9:00am on 27 May 2024.

9. Pursuant to Rule 36.4(1)(a) of the Uniform Civil Procedure Rules 2005 these orders are to take effect as of the date hereof.

SCHEDULE ONE

1. The whole property described as Lot 345 in Deposited Plan 13801, Local Government Area Canterbury-Bankstown, Parish of St George, County of Cumberland, also known as 16 Weyland Street, Punchbowl NSW 2196 and registered in the names of Jean Pierre Amyouni, Marie-Rose Sleiman, Magrouf Amyouni and George Amyouni as tenants in common in equal shares.

2. The whole property described as Lot 348 in Deposited Plan 13801, Local Government Area Canterbury-Bankstown, Parish of St George, County of Cumberland, also known as 10 Weyland Street, Punchbowl NSW 2196 and registered in the names of Marie-Rose Sleiman, Jean Pierre Amyouni, Magrouf Amyouni and George Amyouni as tenants in common in equal shares

3. The whole property described as Lot 1 in Deposited Plan 736764 at Denham Court, Local Government Area Liverpool, Parish of Minto, County of Cumberland, also known as 205 Denham Court Road, Denham Court NSW 2565 and registered in the name of George Amyouni as sole owner.

4. The whole property described as Lot 2 in Deposited Plan 559432 at Lansdowne, Local Government Area Fairfield, Parish of St Luke, County of Cumberland, also known as 10 Knight Street, Lansvale NSW 2166 and registered in the name of George Amyouni as sole owner.

5. 2021 Ford Ranger with New South Wales registration number DG70WY and registered in the name of George Amyouni.

6. 2010 Porsche Cayenne with New South Wales registration number 408GTS and registered in the name of George Amyouni.

7. 2014 MagTLT boat trailer with New South Wales registration number TH07WK and registered in the name of George Amyouni.

8. 1988 home-made car trailer with New South Wales registration number TD35CB and registered in the name of George Amyouni.

9. 1982 white Toyota truck with New South Wales registration number UTP960 and registered in the name of George Amyouni.

10. 2013 6.7m white and black Regal Fibreglass motor cruiser water vessel with New South Wales registration number AHV376N and registered in the name of George Amyouni.

11. Funds held in Australia and New Zealand Banking Group account number 01 2226 1945-59055 in the name of George Amyouni.

12. Funds held in Australia and New Zealand Banking Group account number 01 2468 4047-96949 in the name of George Amyouni.

13. Funds held in Australia and New Zealand Banking Group account number 01 2226 4617-64871 in the name of George Amyouni.

14. Funds held in Bankwest, a division of the Commonwealth Bank of Australia, offset account number 302-100 285591-0 held in the name of George Amyouni.

15. Funds held in Westpac Banking Corporation account number 732065736805 held jointly in the names of George Amyouni, Marie-Rose Sleiman, Magrouf Amyouni and Jean Pierre Amyouni.

16. 10 of 10 fully paid and beneficially held ordinary shares in Lego Building Services Pty Ltd A.C.N. 666 862 264 in the name of George Amyouni.

17. 100 of 100 fully paid and beneficially held ordinary shares in Geo Earthworx Pty Ltd A.C.N. 152 777 261 in the name of George Amyouni.

18. 50 of 100 fully paid and beneficially held ordinary shares in Duke Develpments (NSW) Pty Ltd A.C.N. 640 439 434 in the name of George Amyouni.

19. 2 of 2 fully paid and beneficially held ordinary shares in Geoearth Pty Ltd A.C.N. 661 330 794 in the name of George Amyouni.

SCHEDULE TWO

1. White Ford GT vehicle seized by members of the NSW Police Force on 13 February 2024 during the execution of a search warrant at 205 Denham Court Road, Denham Court NSW 2565.

2. Cash in the approximate amount of $159,895.20 seized by members of the NSW Police Force on 13 February 2024 during the execution of a search warrant at 205 Denham Court Road, Denham Court NSW 2565.

SCHEDULE THREE

1. Provide full particulars of the nature and extent of all your interests in property (within the meaning of "interest in property" as defined in section 7 of the Criminal Assets Recovery Act 1990), including in relation to each item of property:

(a) a full description of your interest in the property, including the nature of that interest and, where possible, the estimated value, or in the case of bank accounts or deposits - the estimated balance, of that interest;

(b) the location of the interest;

(c) the name of the person or institution in whose custody title documents in respect of the interest are believed to be;

(d) the approximate date of acquisition of the interest;

(e) the source of funds used to acquire the interest.

2. Provide full particulars of your liabilities on both a capital and recurring basis, including, in relation to each liability:

(a) a full description of the liability including the nature of that liability and the amount of that liability;

(b) the name of the person or institution to which the liability is owed.

Catchwords:

CRIMINAL LAW – proceeds of crime – restraining orders

Legislation Cited:

Crimes Act 1900 (NSW) ss 93T, 193C

Criminal Assets Recovery Act 1990 (NSW) ss 4, 6, 10A, 10B, 10C, 22, 27, 28A

Cases Cited:

Nil

Texts Cited:

Nil

Category:

Procedural rulings

Parties:

New South Wales Crime Commission (Plaintiff)
George Amyouni (Defendant)

Representation:

Counsel:
S Askew - Ex parte (Plaintiff)

Solicitors:
Legal Unit, New South Wales Crime Commission (Plaintiff)

File Number(s):

2024/57785

Publication restriction:

Nil

Judgment

1. The plaintiff seeks a restraining order under s 10A of the Criminal Assets Recovery Act 1990 (NSW) pending the making of forfeiture orders pursuant to s 22, proceeds assessment orders pursuant to s 27, and unexplained wealth orders pursuant to s 28A.

2. The summons is supported by an affidavit of Jian Song Wen sworn 14 February 2024. Mr Wen is an authorised officer of the plaintiff as defined in s 4(1) of the Act.

3. Section 10A(5) of the Act requires the Court to make an order if the application is supported by an affidavit of an authorised officer setting out the matters contained in that subsection and stating the grounds on which the suspicion referred to therein is based, and the Court considers that there are reasonable grounds for the suspicion.

4. Mr Wen deposes to having a suspicion that the defendant has engaged in serious crime related activity, namely, supplying an indictable quantity of a prohibited drug (cocaine), supplying a commercial quantity of a prohibited drug (cocaine), participating in a criminal group contrary to s 93T of the Crimes Act 1900 (NSW), and dealing with property reasonably suspected of being the proceeds of crime contrary to s 193C(1) of the Crimes Act, being an offence involving money laundering and punishable by imprisonment for five years. All of these offences are serious criminal offences pursuant to s 6(2) of the Criminal Assets Recovery Act.

5. Mr Wen bases his suspicion principally on reading the facts sheet prepared by the police in connection with the arrest and charging of the defendant. Mr Wen forwarded an email to Senior Constable Rodney Shum asking, if he was the officer that drafted the facts sheet if, to the best of his knowledge and belief, the contents of the facts sheet were true, and if the facts sheet was prepared based on information obtained by police as a result of the investigation described in the facts sheet. Senior Constable Shum answered all of those questions in the affirmative. He also informed Mr Wen that the defendant had been charged with the offences described in the facts sheet.

6. I have read the facts sheet annexed to Mr Wen's affidavit, and as a result, I am satisfied that the suspicion held by him that the offences have been committed is a reasonably held belief.

7. Mr Wen also deposes to searches having been carried out by him and other members of the plaintiff to ascertain the ownership of real and personal property by the defendant.

8. The plaintiff asks that the orders sought be made today without prior notice to the defendant, and does so on the basis of Mr Wen's knowledge about the way property may be disposed of at short notice. I am satisfied in the circumstances that it is appropriate that orders should be made without prior notice to the defendant. The defendant has his rights under s 10C of the Act to review those orders.

9. Two items of personal property of the defendant which were seized at the execution of a search warrant at his premises were a white Ford GT motor vehicle, and cash in an amount of almost $160,000. The plaintiff seeks an order that the NSW Trustee and Guardian should take control of those items of personal property pursuant to s 10B(2) of the Act. It does so on the basis that if the cash is held by the NSW Trustee and Guardian, it will earn interest and, in the case of the car, the plaintiff is not in a position to store motor vehicles. I consider it appropriate in the circumstances that an ancillary order should be made, that the NSW Trustee and Guardian should take control of those items.

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Decision last updated: 15 February 2024