New South Wales Crime Commission v Orchard

The New South Wales Crime Commission sought to obtain property from Orchard under the provisions of the Criminal Assets Recovery Act 1990. Orchard had entered into a consent order with the Commission, which was later revoked. The case was brought before the Supreme Court of New South Wales to determine whether the revocation of the consent order was lawful and whether the property could be recovered by the Commission. The legal issues for the court to decide were whether the consent order could be lawfully revoked and if the Commission had the authority to recover the property under the Act. The court found that the consent order could be revoked if there had been a breach of the order by the respondent, and that the Commission did have the authority to recover the property under the Act. The court also found that the Commission had not acted unreasonably in revoking the consent order and that the property could be recovered. The court ordered that the consent order be revoked and that the property be transferred to the Commission. The court further ordered that Orchard pay the costs of the proceeding.