New South Wales Crime Commission v Asanovic

[2023] NSWSC 413

Supreme Court

New South Wales

Medium Neutral Citation:

New South Wales Crime Commission v Asanovic [2023] NSWSC 413

Hearing dates:

29 March 2023

Date of orders:

29 March 2023

Decision date:

29 March 2023

Jurisdiction:

Common Law

Before:

Walton J

Decision:

(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 Daniel Asanovic (also known as Daniel Ritter), including the interest in property in the property specified in Schedule One, Schedule Two and Schedule Three hereto.

(2) Pursuant to section 12(1)(b)(i) of the Criminal Assets Recovery Act 1990 Daniel Asanovic (also known as Daniel Ritter) 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) Pursuant to section 12(1)(b1) of the Criminal Assets Recovery Act 1990 Rahela Ritter shall be examined on oath before a Registrar of the Court concerning the affairs of Rahela Ritter, including the nature and location of any property in which Rahela Ritter or Daniel Asanovic (also known as Daniel Ritter) has an interest.

(4) Leave is granted to the Plaintiff to obtain from the Registry dates for the examinations ordered in Orders 2 and 3 above.

(5) 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 Daniel Asanovic (also known as Daniel Ritter) in the property specified in Schedule Two and Schedule Three hereto.

(6) Pursuant to section 12(1)(c1) of the Criminal Assets Recovery Act 1990 Daniel Asanovic (also known as Daniel Ritter) shall furnish to the Plaintiff, within twenty one (21) days after service of a sealed copy of these orders on Daniel Asanovic (also known as Daniel Ritter), a statement verified by oath of Daniel Asanovic (also known as Daniel Ritter) setting out the particulars sought in Schedule Four hereto.

(7) Liberty is granted to the Plaintiff and Daniel Asanovic (also known as Daniel Ritter) to apply on three (3) days’ notice.

(8) The costs of obtaining these orders shall be costs in the cause.

(9) These proceedings be listed for mention before the Common Law Registrar at 9:00am on 10 July 2023.

(10) 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) 2021 Harley Davidson CRU Series motorcycle with New South Wales registration number ESZ81 and registered in the name of Daniel Ritter.

(2) 2019 Easytow Trailer PW32 75S0S boat trailer with expired New South Wales registration number TS27CZ and previously registered in the name of Daniel Ritter.

SCHEDULE TWO

(1) Cash in the approximate amount of $39,625 seized on 18 November 2020 by members of the NSWPF during the execution of a search warrant at 10/78-80 Eton Street, Smithfield NSW 2164, being the residential address of Daniel Asanovic.

(2) Cash in the approximate amount of $39,950 seized by members of the NSWPF on 26 November 2020 during the execution of a search warrant at Croydon Racing Developments, 6 Tarlington Place, Smithfield NSW 2164.

SCHEDULE THREE

(1) Miscellaneous watches seized by members of the NSW Police Force on 18 November 2020 during the execution of a search warrant at 10/78-80 Eton Street, Smithfield NSW 2164, including:

a) Green Rolex Submariner (green) watch.

b) Richard Mille (black & red) watch.

c) Richard Mille (black & yellow) watch.

d) Patek Philippe (gold with black dial) watch.

e) Audesmars Piguet (gold with black dial) watch.

f) Patek Philippe 3800 (gold with gold dial) watch.

g) Rolex Sky Dweller oyster perpetual (gold) watch.

h) Richard Mille RM 53 (Black & blue) watch.

i) Patek Philippe (diamond encrusted) watch.

j) Audesmars Piguet (diamond encrusted) watch.

k) Rolex Yacht-Master 2 (gold & blue) watch.

(2) Miscellaneous watches seized by members of the NSWPF on 18 November 2020 during the execution of a search warrant at 16 McNeill Circuit, Oran Park NSW 2570, including:

a) Rolex (Serial # 6051X874, Model 118238) watch.

b) Rolex (Serial # K1X15055, Model 326938) watch.

c) Rolex (Serial # Q409A776, Model 218238, Gold bracelet, black roman numerals) watch.

d) Rolex (Serial # 2A4J1155, Model 228235) watch.

e) Rolex (Serial # n/a, Model Daytona 116505A Sundust) watch.

f) Rolex (Serial # n/a, Model 228238) watch.

SCHEDULE FOUR

(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 PROCEDURE – Criminal Assets Recovery Act 1990 (NSW) – restraining order – ex parte – orders made

Legislation Cited:

Criminal Assets Recovery Act 1990 (NSW), s 10A

Drug Misuse and Trafficking Act 1995 (NSW), s 25(1)

Category:

Principal judgment

Parties:

New South Wales Crime Commission (Plaintiff)
Daniel Asanovic (Defendant)

Representation:

Counsel:
S Askew (Plaintiff)

Solicitors:
New South Wales Crime Commission (Plaintiff)

File Number(s):

2023/101998

JUDGMENT

1. Filed in Court today is a Summons in which various forms of relief are sought by the plaintiff, the New South Wales Crime Commission, with respect to the defendant Daniel Asanovic, also known as Daniel Ritter.

2. The Commission does not pursue the entirety of the relief sought in the Summons today, but essentially seeks a restraining order, together with some related orders under the Criminal Assets Recovery Act 1990 (NSW) (“the Act”).

3. The precise form of the orders sought are contained within the Short Minutes of Order provided to the Court, setting out the relief sought under s 10A of the Act, together with relief sought under other related provisions of that Act. There is a specification as to the effect of those orders upon property described in four schedules to the Short Minutes of Order which conform with the property described within the Summons.

4. The affidavit of Mr Bull of 22 March 2023 (which was taken as read in the proceedings) deposes that, through his employment, he is aware that, in the absence of a restraining order, it is possible for people to attempt to either dispose of a vehicle or backdate forms notifying the Transport of New South Wales of the disposal of a vehicle, in an attempt to defeat the operation of the Act.

5. Mr Bull also identified that he is aware that other interests in property may be identified subsequent to a restraining order being made, including funds held in bank accounts and interests in property.

6. He states further, that having regard to those matters, and in particular, the serious nature of the criminal activity alleged, he believes that Mr Asanovic should not be given notice of the Commission's application for a restraining order pursuant to s10A of the Act, and the Commission has not done so.

7. In my view, there is a proper basis for the Commission to have adopted that approach, and in turn, for the procedures sought in the summons, namely that upon the present application, the matter shall proceed ex parte and instanter before this Court, sitting in the Court's duty list.

8. I accept that Mr Bull is an authorised officer for the purposes of the Act, and that he holds a suspicion that Mr Asanovic has engaged in serious crime related activity, namely, supply a prohibited drug methylamphetamine contrary to s 25(1) of the Drug Misuse and Trafficking Act 1995 (NSW) and supply a prohibited drug heroin contrary to s 25(1) of that Act, and that he gives the following reasons for those suspicions:

1. Mr Bull suspects Mr Asanovic of having engaged in the serious crime related activity, namely, the offences aforementioned.

2. Mr Bull has been provided with and accepts a New South Wales fact sheet and documents contained in a brief of evidence that describe the suspected serious criminal activity in which Mr Bull suspects Mr Asanovic to have engaged.

3. Mr Bull has ascertained that Mr Asanovic has been charged with the offences described in the fact sheet.

4. There are reasonable grounds for Mr Bull's suspicion that Mr Asanovic has engaged in serious crime related activity, namely, the offences I have described.

9. There is a proper basis established for those facts and circumstances, and the subject suspicions and grounds within the affidavit of Mr Bull.

10. In the circumstances then, it is appropriate, upon the undertaking provided by the New South Wales Crime Commission, to make the orders proposed within the short minutes of order, which have been provided to the Court, which provide for restraining orders and related orders.

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Decision last updated: 20 April 2023