NSW Crime Commission v Rogers
[2019] NSWSC 1388
•03 October 2019
Supreme Court
New South Wales
Medium Neutral Citation: NSW Crime Commission v Rogers [2019] NSWSC 1388 Hearing dates: 3 October 2019 Date of orders: 03 October 2019 Decision date: 03 October 2019 Jurisdiction: Common Law Before: Adamson J Decision: See paragraph [3]
Catchwords: PROCEEDS OF CRIME – variation of restraining order and order that net proceeds of sale of motor boat be paid to NSW Trustee and Guardian – orders made by consent Legislation Cited: Criminal Assets Recovery Act 1990 (NSW), ss 10A, 10B, 12, 28A, 62 Category: Principal judgment Parties: NSW Crime Commission (Plaintiff)
Rosemary Margaret Rogers (Defendant)Representation: Counsel:
Solicitors:
P Donnelly (Plaintiff, mentioned for the Defendant)
NSW Crime Commission (Plaintiff)
File Number(s): 2018/371294
Judgment – ex tempore
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Ms Donnelly, who appears on behalf of the plaintiff, and mentions the matter on behalf of Ms Fayman, for the defendant, seeks that I make orders by consent which provide for the variation of the restraining order made on 30 November 2018 to allow the second defendant, or any other person, to deal with the motor boat for the purpose of selling the motor boat at a price agreed to in writing by the plaintiff. An order is also sought pursuant to s 10B(2) of the Criminal Assets Recovery Act 1990 (NSW) (the Act) that the net proceeds of sale of the motor boat be paid to the New South Wales Trustee and Guardian by bank cheque into an account nominated by the plaintiff to be held by the New South Wales Trustee and Guardian until further order.
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The Act provides that this Court may, on the application of the Commission, and with the consent of all persons whose interest in property will be subject to an order under the Act, make consent orders which give effect to the terms of an agreement negotiated: s 62 of the Act.
Orders
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I am satisfied that, having regard to the terms of s 62, I may, and am obliged to, make orders in terms of paragraphs 4 and 5 of the consent orders. I note the matters set out in paragraphs 1, 2 and 3 which I will sign and date and place with the papers.
THE COURT NOTES that:
1. On 30 November 2018 the Court made an Order (“the restraining order”) pursuant to section 10A of the Criminal Assets Recovery Act 1990 (“the Act”) in respect of specified interests in property of Anthony Thomas Rogers (“the Second Defendant”), including the interest in the property specified in the Schedule hereto (“the motorboat”).
2. On 30 November 2018 the Plaintiff applied to the Court pursuant to section 28A of the Act for an unexplained wealth order in respect of the Second Defendant.
3. The restraining order remains in force.
BY CONSENT AND WITHOUT ADMISSIONS EXCEPT FOR THE PURPOSE OF THESE ORDERS THE COURT ORDERS that:
4. Pursuant to section 12(1) of the Act the restraining order be varied to allow the Second Defendant or any other person (“the vendor”) to deal with the motorboat for the purpose of selling the motorboat at a price agreed to in writing by the Plaintiff (“the sale of the motorboat”).
5. Pursuant to section 10B(2) of the Act the net proceeds of the sale of the motorboat be paid to the NSW Trustee and Guardian by Bank Cheque or Electronic Funds Transfer to an account nominated by the Plaintiff, to be held by the NSW Trustee and Guardian until further order.
SCHEDULE
A 2016 Chaparral 224 Sunesta motorboat with registration number SJ603 and with HIN: US−FGB801251516 registered in the name of Anthony Thomas Rogers.
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Decision last updated: 11 October 2019
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