NSW Crime Commission v Mohana
[2019] NSWSC 785
•30 April 2019
Supreme Court
New South Wales
Medium Neutral Citation: NSW Crime Commission v Mohana [2019] NSWSC 785 Hearing dates: 30 April 2019 Decision date: 30 April 2019 Jurisdiction: Common Law Before: Ierace J Decision: Orders sought made.
Catchwords: CRIME – procedure – restraining orders sought – ex parte – orders made Legislation Cited: Criminal Assets Recovery Act 1990 (NSW), ss 10A, 12 Category: Procedural and other rulings Parties: New South Wales Crime Commission (Plaintiff)
Bilal Mohana (Defendant)Representation: Solicitors:
NSW Crime Commission (Plaintiff)
File Number(s): 2018/00105670
Judgment
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HIS HONOUR: In this matter on 5 April 2018 this Court made an order pursuant to s 10A of the Criminal Assets Recovery Act 1990 (NSW) in respect of the defendant and, in particular, property scheduled to the order, namely, a motor vehicle referred to as “the Lamborghini”. The application for that restraining order was supported by an affidavit sworn by Katie Elaine Bourne from the NSW Crime Commission. That order was made by his Honour R A Hulme J of this Court and remains in force.
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On 22 March 2019 the plaintiff filed a notice of motion seeking certain orders in relation to this matter. The plaintiff is seeking, firstly, an order pursuant to s 12(1)(b)(ii) of the Criminal Assets Recovery Act that Timothy Elgan Marsh be examined on oath before a registrar of the court concerning the affairs of the defendant including the nature and location of any property in which the defendant has an interest. Secondly, the plaintiff is seeking an order that leave be granted to the plaintiff to obtain from the registry a date for the examination sought and any other or further order the court thinks fit.
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The notice of motion is supported by an affidavit of Jonathan Lee Spark filed the same date and dated 19 March 2019. The affidavit and annexed documentation provides an evidentiary basis for a suspicion that Mr Marsh has been involved in the transfer of ownership of the Lamborghini on more than one occasion in recent years.
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I am informed by Ms Donnelly, who appears for the NSW Crime Commission, that the notice of motion was served upon Mr Marsh on 2 April 2019 and in a subsequent email to the NSW Crime Commission, his solicitor, Mr Somerville, has indicated his client does not oppose the making of the order. I am further informed that the legal representative of the defendant has communicated to the NSW Crime Commission that the defendant neither supports nor opposes the application.
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Having regard to that material, that is, the affidavit and annexed documentation, I am satisfied there are reasonable grounds for the suspicion of Mr Marsh’s involvement and indeed knowledge of that asset in particular of the defendant. For that reason I make the orders sought.
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Decision last updated: 25 June 2019
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