New South Wales Crime Commission v Chamoun

[2015] NSWSC 682

Supreme Court

New South Wales

Medium Neutral Citation:

New South Wales Crime Commission v Chamoun [2015] NSWSC 682

Hearing dates:

2 June 2015

Date of orders:

02 June 2015

Decision date:

02 June 2015

Jurisdiction:

Common Law

Before:

Davies J

Decision:

Orders made as per SMO agreed between the parties in the following terms:

1. Pursuant to subparagraph 12(1)(b)(ii) of the Criminal Assets Recovery Act 1990 Nelson Douglas Hill shall be examined on oath before a Registrar of the Court concerning the affairs of Sam Chamoun, including the nature and location of any property in which Sam Chamoun has an interest.

2. Leave is granted to the Plaintiff to approach the Registry to fix the date for the examination ordered in Order 1 above.

3. Liberty is granted to the Plaintiff, Sam Chamoun and Nelson Douglas Hill to apply on 3 days' notice.

Catchwords:

CRIMINAL LAW – proceeds of crime – examination of third party concerning Defendant’s property

Legislation Cited:

Criminal Assets Recovery Act 1990 (NSW)

Category:

Procedural and other rulings

Parties:

New South Wales Crime Commission (Plaintiff)
Sam Chamoun (Defendant)

Representation:

Counsel:
A Miranda (Plaintiff)
S Quartermain (Defendant)

Solicitors:
New South Wales Crime Commission (Plaintiff)
Pryor Tzannes & Wallis (Defendant)

File Number(s):

2012/110556

Judgment

1. A restraining order was made in this matter in April 2012 in relation to the Defendant's involvement in the supply of drugs. An order was subsequently made that he be examined and on 24 May 2014, an order was made in relation to another person who might have knowledge about the nature and location of any property in which the Defendant had an interest.

2. The Plaintiff now applies by motion that Nelson Douglas Hill be examined before a Registrar of the Court concerning the Defendant's affairs, including the nature and location of any property in which the Defendant has an interest. The application is made pursuant to Section 12(1)(b)(ii) of the Criminal Assets Recovery Act 1990 (NSW). The affidavit of Sandra Joy Davys sworn 14 May 2015 identifies a sufficient basis for the knowledge of the proposed respondent. Mr Quartermain, who appears for Defendant, does not oppose the order being made.

3. I consider it is appropriate that the order for the examination of Mr Hill should be made. I therefore make Order 1 contained in the draft order provided to me, grant leave in accordance with paragraph 2 and grant liberty in relation to paragraph 3.

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Decision last updated: 03 June 2015