New South Wales Crime Commission v White (No 2)

The New South Wales Crime Commission applied for a forfeiture order under the Proceeds of Crime Act 2002 (NSW) in relation to a property held by the defendant, White. The Commission alleged that the property was acquired through proceeds of crime. The matter was heard in the Supreme Court of New South Wales. The legal issues before the court included whether the Commission had established the requisite link between the property and the proceeds of crime, and whether the property could be forfeited under the Act.

The court held that the Commission had established the necessary connection between the property and proceeds of crime, as it was acquired with funds derived from unlawful activities. The court found that White had failed to rebut the presumption of the connection. The court further held that the Commission had demonstrated that the property met the criteria for forfeiture under the Act, and that the order was just and equitable in all the circumstances. The court granted the Commission's application for a forfeiture order.

The court ordered that the property be forfeited to the State of New South Wales, and that White be deprived of any interest in the property. The court also ordered that White pay the Commission's costs of the application. The court emphasised the importance of the Proceeds of Crime Act in disrupting and deterring criminal activities, and the need for the courts to support the enforcement of the Act.