New South Wales Crime Commission v Eid

[2015] NSWSC 1341

Supreme Court

New South Wales

Medium Neutral Citation:	New South Wales Crime Commission v Eid [2015] NSWSC 1341
Hearing dates:	8 September 2015
Date of orders:	08 September 2015
Decision date:	08 September 2015
Jurisdiction:	Common Law
Before:	Wilson J - Duty Judge
Decision:	1. Pursuant to s 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 otherwise to deal with any interest in property (within the meaning of “interest in property” as defined in s 7 of the Criminal Assets Recovery Act 1990) of Milad Eid, including his interest in the property specified in Schedule 1 hereto. 2. Pursuant to subparagraph 12(1)(b)(i) of the Criminal Assets Recovery Act 1990 Milad Eid 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 paragraph 12(1)(c1) of the Criminal Assets Recovery Act 1990 Milad Eid shall furnish to the plaintiff, within twenty one (21) days after service of a sealed copy of these orders on Milad Eid, a statement verified by oath or affirmation of Milad Eid setting out the particulars sought in Schedule 2 hereto. 5. Liberty is granted to the plaintiff and Milad Eid to apply on three (3) days’ notice. 6. The costs of obtaining these orders shall be costs in the cause. 7. 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.
Catchwords:	PROCEDURE – civil – Criminal Assets Recovery Act 1990 – restraining order
Legislation Cited:	Crimes Act 1900 Criminal Assets Recovery Act 1990 Drug Misuse and Trafficking Act 1985 Uniform Civil Procedure Rules 2005
Category:	Procedural and other rulings
Parties:	NSW Crime Commission (Plaintiff) Milad Eid (Defendant)
Representation:	Ms E Goh (NSW Crime Commission) Ex parte
File Number(s):	2015/263355
Publication restriction:	None

EX TEMPORE Judgment

1. This is an application brought by summons filed in Court today by the plaintiff, the New South Wales Crime Commission, seeking orders pursuant to s 10A of the Criminal Assets and Recovery Act 1990 (“the Act”) in relation to keeping restrained persons from dealing with property, the property being that listed in Schedules 1 and 2 of the summons.

2. The owner of the relevant property specified is Milad Eid. Section 10A of the Act provides for applications of this nature to be heard ex parte and this application is proceeding on that basis.

3. Tendered by the Crime Commission and relied upon in support of the application is an affidavit of Jonathan Lee Spark sworn 7 September 2015. Mr Spark is the Director of Financial Investigations with the New South Wales Crime Commission and he is an authorised officer within the meaning of s 4(1) of the Act. He is authorised in writing by the Commission to act as an authorised officer for the purposes of s 10A and Pt 4 of the Act.

4. Mr Spark deposes that he has had access to material produced as a consequence of an investigation conducted by the New South Wales Police into the defendant and financial information relating to the defendant. Mr Spark suspects that the defendant has been engaged in serious crime related activities as defined by s 6 of the Act being the commission of an offence of supply prohibited drugs on an ongoing basis contrary to s 25A(1) of the Drug Misuse and Trafficking Act 1985, together with further offences of supply prohibited drugs under s 25(1) of the same Act and another offence of knowingly deal with the proceeds of crime contrary to s 193B(2) of the Crimes Act 1900. All of these offences are punishable by a maximum term of imprisonment of, or exceeding, five years, and they fall within the definition of a serious criminal offence pursuant to s 6(2)(b) of the Act.

5. Mr Spark has made inquiries with New South Wales Police and determined that the defendant was charged by police on 26 August 2015 subsequent to an investigation by police. The defendant is said to be an unemployed man who resides at an address in Minchinbury which he recently purchased for the sum of $675,000 notwithstanding his unemployed status. The New South Wales Police commenced an investigation into the ongoing supply of heroin in the Mount Druitt area in March 2015 in relation to co-accused and physical and electronic surveillance was employed. The defendant is one of the persons who came to the notice of police as a consequence of that surveillance.

6. The police have evidence to establish that the defendant has engaged in the business of supply heroin using a Land Rover Discovery motor vehicle registered to him. The co-accused regularly met with the defendant and would supply heroin in relation to the supply activity, with the defendant and other persons working in concert to distribute significant quantities of heroin to a large client base in the western Sydney area. The electronic surveillance which was conducted between 30 July 2015 and 26 August 2015 has recorded evidence of the defendant supplying heroin on a number of occasions sufficient to establish an ongoing supply per s 25A of the Drug Misuse and Trafficking Act, on each occasion receiving financial or other material reward.

7. The defendant was charged last month as noted and he is to appear before the Penrith Local Court on 25 September this year in answer to those charges.

8. Having read the evidentiary material tendered and relied upon by the plaintiff I am satisfied that the suspicion held by Mr Spark is reasonably held. Section 10A(5) of the Act requires the Court to make a restraining order if the Court concludes that the suspicions held by the authorised officer is reasonably held, as I have concluded in this case.

9. Accordingly I am prepared to make the orders sought by the plaintiff.

Orders

1. Pursuant to s 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 otherwise to deal with any interest in property (within the meaning of “interest in property” as defined in s 7 of the Criminal Assets Recovery Act 1990) of Milad Eid, including his interest in the property specified in Schedule 1 hereto.

2. Pursuant to s 12(1)(b)(i) of the Criminal Assets Recovery Act 1990, Milad Eid 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 s 12(1)(c1) of the Criminal Assets Recovery Act 1990 Milad Eid shall furnish to the plaintiff, within twenty one (21) days after service of a sealed copy of these orders on Milad Eid, a statement verified by oath or affirmation of Milad Eid setting out the particulars sought in Schedule 2 hereto.

5. Liberty is granted to the plaintiff and Milad Eid to apply on three (3) days’ notice.

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

7. Pursuant to r 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 4023 in Deposited Plan 701215 at Colyton, Local Government Area Blacktown, Parish of Melville, County of Cumberland also known as 14 Grazier Place, Minchinbury New South Wales 2770 and registered in the name of Milad Eid.

2. 2006 Nissan D22 pick-up utility vehicle with registration BEX55T and registered in the name of Milad Eid.

3. Funds held in National Australia Bank account numbered 082799 533568942 in the name of Milad Eid.

4. Funds held in National Australia Bank account numbered 082799 245965599 in the name of Milad Eid.

SCHEDULE 2

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 s 7 of the Criminal Assets Recovery Act 1990), including in relation to each item of property:

1. 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;

2. the location of that interest;

3. the name of the person or institution in whose custody title documents in respect of the interest are believed to be;

4. the date or approximate date of acquisition of the interest; and

5. the source of funds used to acquire that interest.

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

1. a full description of the liability including the nature of that liability and the amount of that liability;

2. the name of the person or institution to whom or to which the liability is owed.

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Decision last updated: 11 September 2015