New South Wales Crime Commission v Bradbury

[2022] NSWSC 1324

Supreme Court

New South Wales

Medium Neutral Citation:

New South Wales Crime Commission v Bradbury [2022] NSWSC 1324

Hearing dates:

30 September 2022

Date of orders:

30 September 2022

Decision date:

30 September 2022

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 Ryan James Bull affirmed on 27 September 2022, 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 Paul Justin Bradbury, 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 Paul Justin Bradbury 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 Rebecca Jane Roberts Saunders shall be examined on oath before a Registrar of the Court concerning the affairs of Rebecca Jane Roberts Saunders, including the nature and location of any property in which Rebecca Jane Roberts Saunders or Paul Justin Bradbury 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 Paul Justin Bradbury in the property specified in Schedule Two hereto.

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

7.   Liberty is granted to the Plaintiff and Paul Justin Bradbury 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 13 February 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.   The whole of the property described as Lot 4 in Deposited Plan 571768 at Terranora, Local Government Area Tweed, Parish of Terranora, County of Rouse, also known as 249 Terranora Road, Banora Point NSW 2486 and registered in the names of Rebecca Jane Roberts Saunders and Paul Justin Bradbury as joint tenants.

2.   The whole of the property described as Title Reference 14628164 Registered Owner: Dealing No: 721040944 25/08/2021, Rebecca Jane Roberts Saunders and Paul Justin Bradbury joint tenants, Estate and Land: Estate in Fee Simple, Lots 2-3, Registered Plan 130620, Local Government: Redland.

3.   2006 Dunbir Boat Trailer with NSW registration number TK99JT and registered in the name of Paul Justin Bradbury.

4.   2016 Toyota Land Cruiser with NSW registration number EQS14Z and registered in the name of Paul Justin Bradbury.

5.   1996 Homemade Trailer with NSW registration number TK98JT and registered in the name of Paul Justin Bradbury.

6.   1995 5.0m white Seafarer open runabout watercraft with NSW registration number ABA528N and registered in the name of Paul Justin Bradbury.

7.   1 of 1 fully paid and beneficially held class A shares in Chase Offshore Pty Ltd A.C.N. 634 166 037 held in the name of Paul Justin Bradbury.

8.   1 of 2 fully paid and beneficially held ordinary shares in Chase Offshore Pty Ltd A.C.N. 634 166 037 held in the name of Paul Justin Bradbury.

SCHEDULE TWO

1.   Cash in the approximate amount of $41,000 seized by members of the NSW Police Force during the execution of a search warrant on 20 April 2022 at 249 Terranora Road, Banora Point NSW 2486.

2.   Gold in approximate weight of 1oz (28.35 grams) seized by members of the NSW Police Force during the execution of a search warrant on 20 April 2022 at 249 Terranora Road, Banora Point NSW 2486.

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 1990 (NSW)

Criminal Assets Recovery Act 1990 (NSW)

Drug Misuse and Trafficking Act 1985 (NSW)

Uniform Civil Procedure Rules 2005 (NSW)

Cases Cited:

Nil

Texts Cited:

Nil

Category:

Procedural rulings

Parties:

New South Wales Crime Commission (Plaintiff)
Paul Justin Bradbury (Defendant)

Representation:

Counsel:
S Askew - Ex parte (Plaintiff)

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

File Number(s):

2022/292074

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 a forfeiture order under s 22 of the Act and/or a proceeds assessment order under s 27 of the Act and/or an unexplained wealth order under s 28A of the Act.

2. The summons is supported by an affidavit of Ryan James Bull sworn 27 September 2022. Mr Bull 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 Bull deposes to having a suspicion that the defendant has engaged in serious crime-related activities, namely, (1) participating in a criminal group contrary to s 93T(1) of the Crimes Act 1900 (NSW); (2), supplying not less than the commercial quantity of a prohibited drug being cocaine contrary to s 25(2) of the Drug Misuse and Trafficking Act 1985 (NSW) and; (3) supplying not less than an indictable quantity of a prohibited drug, being MDMA, contrary to s 25(1) of the Drug Misuse and Trafficking Act.

5. These offences are serious criminal offences, as defined in s 6(2)(b) and 6(2)(g1) of the Criminal Assets Recovery Act.

6. Mr Bull bases his suspicion primarily on reading a detailed facts sheet prepared by the police investigating the defendant. Mr Bull forwarded an email to Detective Senior Constable Anthony Rush, whom he understood was involved in the investigation of the defendant. In that email, he asked Detective Rush if he was the officer who had drafted the facts sheet or if he was aware of the contents of it; whether to the best of Detective Rush's 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. Detective Rush responded in the affirmative to all of the questions asked by Mr Bull.

7. I have read the facts sheet and the additional documents which are annexed to Mr Bull's affidavit. As a result of that, I am satisfied that the suspicion held by Mr Bull that the offences have been committed is a reasonably held suspicion.

8. The plaintiff asks that the orders today be made without prior notice to the defendant. He does so on the basis of what is set out in paragraph 13 of his affidavit, which details the way in which restraining orders may be defeated very quickly if notice is given that an application will be made for them.

9. 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 the orders.

10. The plaintiff also seeks that the property referred to in schedule 2 of the summons should be given to the NSW Trustee & Guardian to take control of that property. The property consists of cash and gold seized at the execution of a search warrant. I am satisfied that it is appropriate that such an order should be made.

11. The plaintiff also seeks ancillary orders for the provision of information by defendant to the plaintiff, being a verified statement on oath in response to the matters identified in s 3 of the summons, as well as orders for the examination on oath before a Registrar of the Court of both the defendant and a Rebecca Jane Roberts Saunders, who is believed to have information in relation to the defendant's affairs.

12. I consider, in the circumstances, that it is appropriate that such ancillary orders should be made.

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Decision last updated: 04 October 2022