New South Wales Crime Commission v Flower

[2019] NSWSC 742

Supreme Court

New South Wales

Medium Neutral Citation:	New South Wales Crime Commission v Flower [2019] NSWSC 742
Hearing dates:	14 June 2019
Date of orders:	14 June 2019
Decision date:	14 June 2019
Jurisdiction:	Common Law
Before:	Lonergan J
Decision:	Consent orders made.
Catchwords:	CRIMINAL LAW – variation of restraining orders – consent orders made
Legislation Cited:	Criminal Assets Recovery Act 1990 (NSW)
Category:	Procedural and other rulings
Parties:	NSW Crime Commission (Plaintiff) Damion Flower (Defendant)
Representation:	Solicitors: New South Wales Crime Commission (Plaintiff)
File Number(s):	2019/00161402
Publication restriction:	Nil

EX TEMPORE Judgment

1. HER HONOUR: These proceedings were commenced on 23 May 2019. On that date, a restraining order was made by N Adams J pursuant to s 10A of the Criminal Assets Recovery Act 1990 (NSW). Today the Crime Commission has approached the Court, with the consent of Mr Archbold, solicitor for the defendant, asking that further orders be made by consent to adjust the orders made on 23 May to allow for certain business interests to be continued whilst leaving other aspects of the restraining orders made on 23 May in place.

2. I have been provided with consent orders which set out the proposed adjustment to the orders. The principal effect is that, pursuant to s 12(1) of the Criminal Assets Recovery Act, is a variation of the restraining order allowing the defendant (or any other person on his behalf) to deal with the interest in the property of the defendant in any horse for the purpose of sale to be effected in accordance with orders 4 and 5 of the proposed consent orders and with any associated income obtained as a result of the commercial lease of premises referred to in order 6 of the consent orders to be not subject to the restraining order but paid into an account as set out in order 7 of the consent orders.

3. I make orders in accordance with the Consent Orders which I have signed and sealed, and a copy of which is placed on the court file.

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Decision last updated: 19 June 2019