New South Wales Crime Commission v Chalhoub

[2021] NSWSC 329

Supreme Court

New South Wales

Medium Neutral Citation:

New South Wales Crime Commission v Chalhoub [2021] NSWSC 329

Hearing dates:

1 April 2021

Date of orders:

1 April 2021

Decision date:

01 April 2021

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, GA Lawyers Solicitors & Attorneys of Level 1, 254 Kingsgrove Road, Kingsgrove NSW 2208 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 2015 to 1 June 2018, any original document, duplicate or copy document, in the possession or control of The Proper Officer, GA Lawyers Solicitors & Attorneys of Level 1, 254 Kingsgrove Road, Kingsgrove NSW 2208 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: Melissa Digby

SCHEDULE TWO

Time:   Between 9 am and 4 pm

Date:   on or before 23 April 2021

Place:   453-463 Kent Street, Sydney

SCHEDULE THREE

Name of person: John Milad Chalhoub, also known as John Paul Chalhoub and Jonny Paul Chalho

Date of birth:   13 October 1973

Address of person:   (formerly) 302 Merrylands Road, Merrylands, NSW 2160, 406/31 The Promenade, Wentworth Park NSW 2127

SCHEDULE FOUR

All documents relating to the person specified in Schedule Three above (“Chalhoub”), NISO Pty Ltd (“NISO”) and Mi Ley Dep Pty Ltd (“Mi Ley Dep”) 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 (including in relation to NISO and Mi Ley Dep);

(b)   documents relating to all transactions for or with or on behalf of Chalhoub including documents relating to all monies received from or on behalf of or paid to or on behalf of Chalhoub (including in relation to NISO and Mi Ley Dep);

(c)   documents relating to the lease or transfer of any business in which Chalhoub has an interest (including in relation to NISO and Mi Ley Dep);

(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; and

(g)   notes, correspondence and working papers.

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 orders

Legislation Cited:

Crimes Act 1990 (NSW)

Criminal Assets Recovery Act 1990 (NSW)

Drug (Misuse and Trafficking) Act 1985

Uniform Civil Procedure Rules 2005 (NSW)

Cases Cited:

Nil

Texts Cited:

Nil

Category:

Procedural rulings

Parties:

New South Wales Crime Commission (Plaintiff)
John Milad Chalhoub (Defendant)

Representation:

Counsel:
S Santhikumar - Ex parte (Plaintiff)

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

File Number(s):

2021/91469

Publication restriction:

Nil

Judgment

1. This is an application under s33 of the Criminal Assets Recovery Act 1990 (NSW) for the production of documents.

2. On 1 June 2018 Lonergan J in this court made restraining orders under s10A of the Act in respect of the person John Milad Chalhoub. Those restraining orders remain in force.

3. The summons is supported by an affidavit of Melissa Digby sworn 31 March 2021. Ms Digby sets out in that affidavit a basis for believing that the persons to whom the proposed order is directed, are likely to have documents relevant to the ascertainment of the property of Mr Chalhoub.

4. This Court under s33 (2) has a discretion whether or not to make such an order. I am satisfied, on the basis of the information contained in Ms Digby's affidavit, that it is appropriate to do so, because of the likelihood that the person to whom the order is directed will have such documents.

5. I make an order in terms of the orders set out in the signed and dated order that I have made.

**********

Decision last updated: 07 April 2021