New South Wales Crime Commission v Taylor

[2015] NSWSC 946

Supreme Court

New South Wales

Medium Neutral Citation:

New South Wales Crime Commission v Taylor [2015] NSWSC 946

Hearing dates:

15 July 2015

Date of orders:

15 July 2015

Decision date:

15 July 2015

Jurisdiction:

Common Law

Before:

Davies J

Decision:

Upon the Plaintiff giving the usual undertaking as to damages (the giving of which by its solicitor is noted) and

 

Considering that, having had regard to the matters contained in the affidavit of Jonathan Lee Spark sworn 14 July 2015, there are reasonable grounds for the suspicion stated therein

 

The Court orders:

 

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 otherwise to 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 Courtney Taylor, including his interest in the property specified in Schedule One hereto.

 

2. Pursuant to subparagraph 12 (1) (b) (i) of the Criminal Assets Recovery Act 1990 Courtney Taylor 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 paragraph 12 (1) (b1) of the Criminal Assets Recovery Act 1990 Tiphanee Parnell Frazer shall be examined on oath before a Registrar of the Court concerning the affairs of Tiphanee Parnell Frazer, including the nature and location of any property in which Tiphanee Parnell Frazer or Courtney Taylor 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 paragraph 12 (1) (c1) of the Criminal Assets Recovery Act 1990 Courtney Taylor shall furnish to the Plaintiff, within twenty one (21) days after service of a sealed copy of these orders on Courtney Taylor, a statement verified by oath or affirmation of Courtney Taylor setting out the particulars sought in Schedule Two hereto.

 

6. Liberty is granted to the Plaintiff and Courtney Taylor to apply on three (3) days’ notice.

 

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

 

8. 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.

 

SCHEDULE ONE

 

1. The whole of the property described as Lot 108 in Deposited Plan 842621 at Rutherford, Local Government Area Maitland, Parish of Gosforth, County of Northumberland and also known as 155 Regiment Road, Rutherford New South Wales and registered in the name of Courtney Taylor.

 

2. 2002 Subaru B3 sedan with New South Wales registration AWK67D in the name of Taylor Courtney.

 

3. Funds held in Commonwealth Bank of Australia account numbered 280710318565 in the names of Courtney Taylor and Tiphanie Frazer.

 

4. Funds held in Commonwealth Bank of Australia account numbered 280710318645 in the names of Courtney Taylor and Tiphanie Frazer.

 

5. Funds held in Commonwealth Bank of Australia account numbered 280710318653 in the names of Courtney Taylor and Tiphanie Frazer.

 

6. Cash seized in the amount of $29,000 by police at premises located at East Maitland, New South Wales on 12 June 2015.

 

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 section 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 date or approximate date of acquisition of the interest; and

 

(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 whom or to which the liability is owed.

 

3. Provide full particulars of the source of the monies specified in Item 6 of Schedule One herein.

 Orders to be entered forthwith

Catchwords:

CRIMINAL LAW – proceeds of crime – restraining orders

Legislation Cited:

Criminal Assets Recovery Act 1990 (NSW)
Drug Misuse and Trafficking Act 1985 (NSW)

Category:

Procedural and other rulings

Parties:

New South Wales Crime Commission (Plaintiff)
Courtney Taylor (Defendant)

Representation:

Counsel:
R Katrib (Plaintiff)
No appearance (Defendant)

  Solicitors:
New South Wales Crime Commission (Plaintiff)
No appearance (Defendant)

File Number(s):

2015/207182

Judgment

1. This is an application for orders under the Criminal Assets Recovery Act 1990 (NSW). Section 10A enables an application to be made ex-parte for a restraining order which remains in force while there is an application pending for an order under s 27 of the Act.

2. The application is supported by an affidavit of Jonathan Lee Spark sworn 14 July 2015. Mr Spark deposes to his suspicion that the Defendant has engaged in serious crime related activity or activities, namely the supply of a prohibited drug contrary to s 25(1) of the Drug Misuse and Trafficking Act 1985 (NSW) and the supply of a prohibited drug contrary to s 25(2) of the Drug Misuse and Trafficking Act 1985 (NSW). Both of those offences are serious criminal offences as defined in s 6(2)(b) of the Criminal Assets Recovery Act.

3. Mr Spark's suspicion is based chiefly on the reading of a facts sheet prepared in relation to the investigation and arrest of the Defendant. Mr Spark emailed the officer who prepared the facts sheet to obtain confirmation from him that he had in fact drafted the facts sheet, that to the best of the officer's knowledge and belief the contents of the facts sheet were true, and that the facts sheet was prepared based on information obtained by the police as a result of the investigation set out in the facts sheet. The police officer concerned provided an email to Mr Spark containing affirmative answers to Mr Spark's question.

4. I have read the facts sheet and I am satisfied from the material contained in it that Mr Spark's suspicion of serious crime related activity is held on reasonable grounds. I am further satisfied under s 10A(3) of the Act that the Defendant is both domiciled in New South Wales and that the property sought to be restrained is in New South Wales.

5. 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 with 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. The Defendant has rights under s 10C of the Act to a review of these orders.

6. I note the usual undertaking as to damages is given. I make orders in terms of paragraphs 1, 2, 3, 5, 7 and 8 of the draft Order provided to me. I grant the leave contained in paragraph 4 and liberty is granted pursuant to paragraph 6 of those orders. The orders are to be entered forthwith.

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Decision last updated: 16 July 2015