New South Wales Crime Commission v Garcia

[2022] NSWSC 212

Supreme Court

New South Wales

Medium Neutral Citation:	New South Wales Crime Commission v Garcia [2022] NSWSC 212
Hearing dates:	24 February 2022
Date of orders:	24 February 2022
Decision date:	24 February 2022
Jurisdiction:	Common Law
Before:	Dhanji J
Decision:	Consent orders made.
Catchwords:	CRIMINAL LAW – proceeds of crime – consent orders
Legislation Cited:	Criminal Assets Recovery Act 1990 (NSW)
Category:	Procedural rulings
Parties:	New South Wales Crime Commission (Plaintiff) Jose Maria Garcia (Defendant)
Representation:	Solicitors: New South Wales Crime Commission (Plaintiff) Price & Co Solicitors (Defendant)
File Number(s):	2015/158633
Publication restriction:	Nil

EXTEMPORE Judgment

1. HIS HONOUR: These proceedings were commenced by summons on 28 May 2015. On that date the Court made a restraining order pursuant to s 10A of the Criminal Assets Recovery Act 1990 (NSW) ("the Act") in respect of all the interests in property of the defendant, subject to exclusion of his interest in certain property. On that same date the plaintiff applied to the Court pursuant to s 28A of the Act for an unexplained wealth order in respect of the defendant. Further orders have been made since that time. The proceedings are, however, yet to be resolved.

2. Today the plaintiff appears with the consent of the defendant's representative seeking certain orders be made by consent. Those orders are, in effect, to vary the existing restraining order so as to allow payment of the mortgage with respect to restrained property to continue.

3. I am of the view that those orders should be made. I make orders in accordance with the consent orders filed with the Court. I will sign a copy of those orders which will be placed with the court file.

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Decision last updated: 04 March 2022