New South Wales Crime Commission v Karezhev

[2023] NSWSC 638

Supreme Court

New South Wales

Medium Neutral Citation:

New South Wales Crime Commission v Karezhev [2023] NSWSC 638

Hearing dates:

7 June 2023

Date of orders:

7 June 2023

Decision date:

07 June 2023

Jurisdiction:

Common Law

Before:

Walton J

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 to otherwise 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 Zaur Karezhev, including the interest in property in the property specified in Schedule One hereto.

(2) Pursuant to s 12(1)(b)(i) of the Criminal Assets Recovery Act 1990 Zaur Karezhev 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) Pursuant to s 12(1)(b1) of the Criminal Assets Recovery Act 1990 Zaira Shiritova shall be examined on oath before a Registrar of the Court concerning the affairs of Zaira Shiritova, including the nature and location of any property in which Zaira Shiritova or Zaur Karezhev has an interest.

(4) Leave is granted to the Plaintiff to obtain from the Registry dates for the examinations ordered in Orders 2 and 3 above.

(5) Pursuant to s 10B(2) of the Criminal Assets Recovery Act 1990 the New South Wales Trustee and Guardian shall take control of all the interest of Zaur Karezhev in the property specified in Schedule One hereto.

(6) Pursuant to s 12(1)(c1) of the Criminal Assets Recovery Act 1990 Zaur Karezhev shall furnish to the Plaintiff, within twenty-one (21) days after service of a sealed copy of these orders on Zaur Karezhev, a statement verified by oath of Zaur Karezhev setting out the particulars sought in Schedule Two hereto.

(7) Liberty is granted to the Plaintiff and Zaur Karezhev to apply on three (3) days’ notice.

(8) The costs of obtaining these orders shall be costs in the cause.

(9) These proceedings be listed for mention before the Common Law Registrar at 9:00am on 4 September 2023.

(10) 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

Cash in the approximate amount of $1,260,000 seized by members of the NSW Police Force on 18 January 2023 during the execution of a search warrant at Room 1223 of Meriton Suites, 8 Jackson Drive, Mascot Drive NSW 2020.

SCHEDULE TWO

(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:

(a) 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;

(b) the location of the interest;

(c) the name of the person or institution in whose custody title documents in respect of the interest are believed to be;

(d) the approximate date of acquisition of the interest;

(e) the source of funds used to acquire the interest.

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

(a) a full description of the liability including the nature of that liability and the amount of that liability;

(b) the name of the person or institution to which the liability is owed.

Catchwords:

CRIMINAL PROCEDURE – Criminal Assets Recovery Act 1990 (NSW) – proceeds of crime – restraining order – ancillary orders – ex parte – orders made

Legislation Cited:

Criminal Assets Recovery Act 1990 (NSW)

Crimes Act 1900 (NSW)

Category:

Principal judgment

Parties:

NSW Crime Commission (Plaintiff)
Zaur Karezhev (Plaintiff)

Representation:

Counsel:
S Askew (Plaintiff)

Solicitors:

File Number(s):

2023/182091

JUDGMENT

1. The New South Wales Crime Commission applied for a restraining order in respect of all interests in property of Zaur Karezhev (“the defendant”) pursuant to s 10A of the Criminal Assets Recovery Act 1990 (NSW) (the Act).

2. In support of the application, the Commission relied upon the affidavit of affirmed by Mr Jiansong Wen of 7 June 2023. In that affidavit, Mr Wen deposes that he is an authorised officer for the purposes of Act; suspects the defendant of having engaged in serious criminal-related activity, namely, dealing with property suspected of being proceeds of crime contrary to s 193C(1) of the Crimes Act 1900 (NSW) and gives grounds for his suspicions.

3. The facts and circumstances relied upon by the Commission, as sustained in my view by the affidavits, are that Mr Wen was provided with, and accepted, a police facts sheet that described the suspected serious criminal activity in which Mr Wen suspected the defendant to have engaged in and ascertained that the defendant has been charged with the offence described in the facts sheet.

4. In my view there are reasonable grounds for Mr Wen's suspicion that the defendant has engaged in serious crime-related activity, namely, the offence to which I have referred.

5. I also consider that the subject matter of the affidavit to which I have referred, and the facts and circumstances which have been established by it, in my view establish a sufficient and proper basis for the making of the orders sought in the short minutes of order provided to the Court, which I note are less than the full range of orders sought by the Commission in the summons.

6. In all the circumstances then, I make the orders contained within the Short Minutes of Order, which orders shall bear today's date.

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Decision last updated: 15 June 2023