New South Wales Crime Commission v Rodgers

[2013] NSWSC 1881

Supreme Court

New South Wales

Medium Neutral Citation:

New South Wales Crime Commission v Rodgers [2013] NSWSC 1881

Hearing dates:

13 December 2013

Decision date:

13 December 2013

Jurisdiction:

Common Law

Before:

Davies J

Decision:

1. Pursuant to section 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 section 7 of the Criminal Assets Recovery Act 1990) of Dean Rodgers, including the interest in property in the property specified in Schedule One hereto.

2. Pursuant to section 12(1)(b)(i) of the Criminal Assets Recovery Act 1990 Dean Rodgers 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. Leave is granted to the Plaintiff to obtain from the Registry dates for the examination ordered in Order 2 above.

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

5. Liberty is granted to the Plaintiff and Dean Rodgers to apply on three (3) days' notice.

6. The costs of obtaining these orders shall be costs in the cause.

7. Pursuant to Rule 36.4(1)(a) of the Uniform Civil Procedure Rules 2005 these orders are to take effect as of the date hereof.

Catchwords:

CRIMINAL LAW - confiscation of proceeds of crime - restraining orders

Legislation Cited:

Criminal Assets Recovery Act 1990
Drug Misuse and Trafficking Act 1985
Uniform Civil Procedure Rules 2005

Category:

Interlocutory applications

Parties:

New South Wales Crime Commission (Plaintiff)
Dean Rodgers (Defendant)

Representation:

Counsel:
E Goh (Plaintiff)
No appearance (Defendants)
Solicitors:
New South Wales Crime Commission (Plaintiff)
No appearance (Defendants)

File Number(s):

2013/377095

Judgment

1. This is an application for orders under the Criminal Assets Recovery Act 1990. Section 10A enables an application to be made by a party for a restraining order which remains in force whilst there is an application pending for an order under s 27 of the Act for the assessment by the Court as to the value of proceeds derived from illegal activities.

1. The application is supported by an application of Jonathan Lee Spark sworn 10 December 2013. In that affidavit Mr Spark who is an authorised officer as defined in section 4(1) of the Act deposes to his suspicion that the Defendant has engaged in a serious crime related activity or crime related activities, being the offence of supplying prohibited drugs contrary to sections 25(1) and 25(2) of the Drug Misuse and Trafficking Act 1985. Offences under section 25 of that Act are serious criminal offences as defined in sections 6(2)(b) of the Criminal Assets Recovery Act.

1. The grounds on which Mr Spark holds his suspicion are set out in paragraph 4 of his affidavit. I have read the material in the affidavit and the documents annexed to it.

1. Mr Spark has deposed to obtaining from the police officer who prepared the fact sheet his agreement that it was prepared by that officer, that the contents of it were true to the best of the officer's knowledge and belief and that the matters in the fact sheet were prepared based on the information obtained by the police as a result of the investigation described in the fact sheet.

1. I am satisfied from having read the fact sheet and the other documents, that the suspicion formed by Mr Spark has been formed on reasonable grounds.

1. Section 10A(5) of the Act requires the Court to make an order if it is satisfied that there are reasonable grounds for Mr Spark's suspicion.

1. I am further satisfied as section 10A(3) requires by the material annexed to Mr Spark's affidavit that the Defendant is domiciled in New South Wales and that some of the property in respect of which the restraining order is sought is situated in New South Wales.

1. Section 10A(4) enables notice to be given to the Defendant before the order is made if the Court thinks fit. In the light of Mr Spark's evidence concerning the manner and speed which property can be disposed of or transferred I do not consider that the Defendant should be given notice of this application before an order is made. I am also aware that Mr Spark long experience in this area.

1. The Defendant has the ability to apply to the Court under section 10C for a review of any order that is made to the party.

1. In those circumstances I make orders contained in paragraphs 1, 2, 4, 6 and 7 of the draft orders provided to me, I grant the leave and liberty contained in paragraphs 3 and 5.

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Decision last updated: 18 December 2013