New South Wales Crime Commission v Elhassan (No. 2)

[2015] NSWSC 683

Supreme Court

New South Wales

Medium Neutral Citation:

New South Wales Crime Commission v Elhassan (No. 2) [2015] NSWSC 683

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 Short Minutes of Order agreed between the parties in the following terms:

1. Pursuant to paragraph 12(1)(b)(ii) of the Criminal Assets Recovery Act 1990 Joseph Samia shall be examined on oath before a Registrar of the Court concerning the affairs of Marouf Elhassan, including the nature and location of any property in which Marouf Elhassan 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, Marouf Elhassan and Joseph Samia to apply on 3 days' notice.

Catchwords:

CRIMINAL LAW – proceeds of crime – order for examination of a 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)
Marouf Elhassan (Defendant)

Representation:

Counsel:
A Miranda (Plaintiff)
No appearance (Defendant)

Solicitors:
New South Wales Crime Commission (Plaintiff)
No appearance (Defendant)

File Number(s):

2014/204184

Judgment

1. On 10 July 2014 I made restraining orders in relation to the property of the defendant arising out of the suspicion of an authorised officer of the plaintiff that the defendant had engaged in a serious crime related activity, being the supply of drugs. One of the items of property was a unit, Unit 3, 11 15 Renwick Street, Leichhardt.

2. Information has now come to light in relation to the sale of that unit and the purchase price paid for it, particularly in the light of the amount of the vendor's mortgage and the fact that the contract was privately negotiated without the intervention of an agent. There is evidence to suggest that both the vendor and the vendor's brother, who was said to have organised the sale, have information concerning the defendant's property.

3. The application is made for the examination of the vendor's brother pursuant to Section 12 (1)(b)(ii) of the Criminal Assets Recovery Act 1990 (NSW). I am satisfied on the evidence that it is appropriate to order that the respondent be so examined.

4. Accordingly I make Order 1 in the draft order provided to me. I grant leave in paragraph 2 and liberty in paragraph 3.

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Decision last updated: 03 June 2015