NSW Crime Commission v Snounou

[2019] NSWSC 1384

Supreme Court

New South Wales

Medium Neutral Citation:	NSW Crime Commission v Snounou [2019] NSWSC 1384
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 [4]
Catchwords:	PROCEEDS OF CRIME – order sought that net proceeds of sale of real properties be paid to New South Wales Trustee and Guardian – order made by consent
Legislation Cited:	Criminal Assets Recovery Act 1990 (NSW), ss 10A, 10B, 62 Real Property Act 1900 (NSW), s 57
Category:	Principal judgment
Parties:	NSW Crime Commission (Plaintiff) Michael Snounou (Defendant)
Representation:	Counsel: P Donnelly (Plaintiff, mentioned for Defendant)   Solicitors: NSW Crime Commission (Plaintiff)
File Number(s):	2018/96406

Judgment – ex tempore

1. Ms Donnelly, who appears on behalf of the New South Wales Crime Commission (the plaintiff), and mentions the appearance of Mr Faro, the solicitor for Michael Snounou (the defendant), asks the Court to make consent orders in terms of a draft which has been provided.

2. The background to the application is that, on 26 March 2018, the Court made a restraining order pursuant to section 10A of the Criminal Assets Recovery Act 1990 (NSW) (the Act) in respect of the defendant's property. The ANZ Bank had registered mortgages over each of the real properties specified in schedules 1, 2 and 3. It has since issued notices under s 57(2)(b) of the Real Property Act 1900 (NSW) in respect of its mortgages and has taken possession of each of the real properties and intends to sell those real properties in satisfaction of the debts secured by the mortgage. I note that there is expected to be a surplus from the sale of the real properties.

3. The operative order sought is that, pursuant to section 10B(2) of the Act the net proceeds of the sale of the real properties after deduction for payments of moneys owed to the ANZ under its registered mortgages and any reasonable selling costs be paid to the New South Wales Trustee and Guardian and held by it until further order. Section 62 of the Act provides for this Court to make orders by consent which relevantly covers the order in paragraph 5 of the document entitled "consent order" which Ms Donnelly has handed to me.

Orders

4. I note the matters in paragraphs 1, 2, 3 and 4 of the draft consent order and make an order in terms of paragraph 5 of that order. I will sign and date the minute of order and place it with the papers and provide a copy to Ms Donnelly.

Consent Order:

THE COURT NOTES that:

1. On 26 March 2018 the Court made an Order (“the restraining order”) pursuant to section 10A of the Criminal Assets Recovery Act 1990 (NSW) (“the Act”) in respect of all of the interests in property of Michael Snounou (“the Defendant”) including his interest in property in the property specified in Schedules One, Two and Three hereto.

2.   On 26 March 2018 the Plaintiff applied to the Court for:

(a) declarations that the Defendant has effective control (within the meaning of that term as defined by sections 8 and 7(3) of the Act) of the interest in property specified in Schedules One, Two and Three hereto; and

(b) an order pursuant to section 28A of the Act for an unexplained wealth order in respect of the Defendant.

3. The Australia and New Zealand Banking Group Limited (“ANZ”) holds registered mortgages over each of the real properties specified in Schedules One, Two and Three hereto (“the real properties”). ANZ has issued notices under section 57(2)(b) of the Real Property Act 1900 in respect of its mortgages, has taken possession of each of the real properties, and intends to sell the real properties.

4.   There is expected to be a surplus from the sale of the real properties.

BY CONSENT AND WITHOUT ADMISSIONS, THE COURT ORDERS that:

5. Pursuant to section 10B(2) of the Act the net proceeds of the sale of the real properties (after the payment of any monies owing to ANZ under its registered mortgages, and any reasonable selling costs) be paid to the New South Wales Trustee and Guardian, and held by it until further order.

SCHEDULE ONE

All of the interests in the property of Celia Pty Limited ACN 158 954 520, including the interest in:

1.   The whole of the property described as Lot 7 in Strata Plan 88234 at Sydney, Local Government Area Sydney, also known as 205/ Societe Generale House, 350 George Street Sydney New South Wales 2000 and registered in the name of Celia Pty Limited ACN 158 954 520 as sole owner.

SCHEDULE TWO

All of the interests in property of 7 Gates Pty Limited ACN 143 118 754, including the interest in:

1.   The whole of the property described as Lot 1 in Strata Plan 82666 at Kogarah, Local Government Area Bayside, also known as Unit 1/684 Princes Highway New South Wales 2217 and registered in the name of 7 Gates Pty Limited ACN 143 118 754 as sole owner.

SCHEDULE THREE

All of the interests in property of Byzance Australia Pty Limited ACN 116 287 051, including the interest in:

1.   The whole of the property described as Lot 68 in Strata Plan 94328 at Bondi Junction, Local Government Area Waverley, also known as 1406/253 Oxford Street, Bondi Junction New South Wales 2022 and registered in the name of Byzance Australia Pty Limited ACN 116 287 051 as sole owner.

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Decision last updated: 11 October 2019