NSW Crime Commission v Mousselmani

[2019] NSWSC 784

Supreme Court

New South Wales

Medium Neutral Citation:	NSW Crime Commission v Mousselmani [2019] NSWSC 784
Hearing dates:	30 April 2019
Decision date:	30 April 2019
Jurisdiction:	Common Law
Before:	Ierace J
Decision:	Orders sought made.
Catchwords:	CRIMINAL LAW – procedure – restraining orders sought – ex parte – orders made
Legislation Cited:	Criminal Assets Recovery Act 1990 (NSW), s 12
Category:	Procedural and other rulings
Parties:	New South Wales Crime Commission (Plaintiff) Hussein Mousselmani (Defendant)
Representation:	Solicitors: NSW Crime Commission (Plaintiff)
File Number(s):	2018/00105649

Judgment

1. HIS HONOUR: 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 affecting property listed in a schedule to the order, in particular, a motor vehicle referred to as “the McLaren”. The application that led to that order was supported by an affidavit sworn by Katie Elaine Bourne from the Crime Commission. The affidavit and the documents annexed thereto provided an evidentiary basis for the proposition that the McLaren was registered in the name of the defendant’s brother, Ali Mousselmani.

2. In a notice of motion filed on 22 March 2019, the NSW Crime Commission seeks orders to the effect that 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 Hussein Mousselmani including the nature and location of any property in which Hussein Mousselmani has an interest. Secondly, it seeks an order that leave be granted for the plaintiff to obtain from the registry a date for the examination sought and any other or further order the court thinks fit.

3. The notice of motion is supported by an affidavit of Jonathan Lee Spark dated 19 March 2019 which was filed on 22 March 2019. Mr Spark is the Executive Director of Financial Investigations within the NSW Crime Commission. The information provided in the affidavit together with the supporting documentation is to the effect that it is likely that Mr Marsh is in a position to assist the Commission with information directly in respect of the ownership of the McLaren since it appears from that material that Mr Marsh has been instrumental in the registration and reregistration of that vehicle at least between December 2015 and September 2016.

4. 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.

5. Having regard to that material that is in the affidavit of Mr Spark I am satisfied there are reasonable grounds for those suspicions in relation to Mr Marsh and accordingly I make the orders sought.

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Decision last updated: 25 June 2019