New South Wales Crime Commission v Hamisi

[2022] NSWSC 213

Supreme Court

New South Wales

Medium Neutral Citation:	New South Wales Crime Commission v Hamisi [2022] NSWSC 213
Hearing dates:	24 February 2022
Date of orders:	24 February 2022
Decision date:	24 February 2022
Jurisdiction:	Common Law
Before:	Dhanji
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) Billel Omar Hamisi (Defendant)
Representation:	Solicitors: New South Wales Crime Commission (Plaintiff) Abbas Law (Defendant)
File Number(s):	2020/84573
Publication restriction:	Nil

EXTEMPORE Judgment

1. HIS HONOUR: These proceedings were commenced on 17 March 2020 on which date the plaintiff sought an assets forfeiture order pursuant to s 22 of the Criminal Assets Recovery Act 1990 (NSW) ("the Act") being an order forfeiting and vesting in the Crown all of the interests in the property of the defendant. In the alternative to that order the plaintiff sought an order seeking forfeiture of some property. The plaintiff also sought an unexplained wealth order. On 18 March a restraining order was made restraining the defendant's interest in various properties.

2. Today the plaintiff approaches the Court with the consent of the defendant's solicitor and requests that the Court make consent orders in terms reduced to writing and provided to the Court. The effect of those orders would be to finalise the proceedings by way of the making of an assets forfeiture order and the provision of certain moneys to be paid for legal expenses.

3. I am of the view that those orders should be made and I, therefore, make orders in accordance with the consent orders that have been provided to the Court. I will sign a copy of those orders which will be placed on the court file.

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Decision last updated: 04 March 2022