NSW Crime Commission v White - [2013] NSWSC 1090

Supreme Court

New South Wales

Medium Neutral Citation: NSW Crime Commission v White [2013] NSWSC 1090
Hearing dates: In chambers, 12 August 2013
Decision date: 12 August 2013
Before: Adamson J
Decision:
1. Pursuant to section 10A of the Criminal Assets Recovery Act 1990 (the Act) no person (other than any registered mortgagee dealing with its right to do so under the registered mortgage) is to dispose of, or attempt to dispose of, or otherwise deal with or attempt to otherwise deal with all of the interest in property (within the meaning of "interest in property" as defined in section 7 of the Act) of Rodney Boyd White, including in the property specified in Schedule One hereto.
2. Pursuant to section 12(1)(b)(i) of the Act Rodney Boyd White shall be examined on oath before a Registrar of the Court concerning his affairs, including the nature and location of any property in which he has an interest.
3. Leave is granted to the Plaintiff to obtain from the Registry dates for the examination ordered in Order 2 above.
4. Pursuant to section 10B(2) of the Act the New South Wales Trustee and Guardian shall take control of all the interests of Rodney Boyd White in the property specified in Schedule One hereto.
5. Pursuant to section 12(1)(c1) of the Act Rodney Boyd White shall furnish to the Plaintiff, within twenty one (21) days after service of a sealed copy of these orders on Rodney Boyd White, a statement verified by oath of Rodney Boyd White setting out the particulars sought in Schedule Two hereto.
6. Liberty is granted to the Plaintiff and Rodney Boyd White to apply on three (3) days' notice.
7. The costs of obtaining these orders shall be costs in the cause.
8. Pursuant to Rule 36.4(1)(a) of the Uniform Civil Procedure Rules 2005 these orders are to take effect as of the date hereof.

Catchwords: CRIMINAL LAW - application for criminal assets restraining order and associated orders
Legislation Cited: - Criminal Assets Recovery Act 1990, s 7, s 10A, s 10B, s 12, s 22
- Crimes Act 1900, s 18(1)
Cases Cited: - George v Rockett [1990] HCA 26; 170 CLR 104
Category: Interlocutory applications
Parties: New South Wales Crime Commission (Plaintiff)
Rodney Boyd White (Defendant)
Representation: R Katrib (Sol) (Plaintiff)
New South Wales Crime Commission (Plaintiff)

File Number(s): 2013/244469

Judgment

By summons filed on 12 August 2013, the plaintiff seeks various orders, including an order pursuant to s 10A of the Criminal Assets Recovery Act 1990 (the Act) restraining dealings with any interest in property, including certain property described in Schedule One to the summons; an order pursuant to s 12(1)(b)(i) of the Act authorising the examination of the defendant concerning his financial affairs; an order pursuant to s 12(1)(c1) of the Act requiring the defendant to furnish to the plaintiff within 21 days a statement verified on oath setting out full particulars of all his property; an order pursuant…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2013] NSWSC 1090
Decision Date: 12 August 2013

CaseChat Overview and Summary

The case between the NSW Crime Commission and White was before the Supreme Court of New South Wales. The NSW Crime Commission sought a criminal assets restraining order and associated orders against White, alleging that White had accumulated wealth through criminal activities. The court was tasked with determining whether White's assets were derived from criminal conduct and whether the restraining order was warranted.

The central legal issue was whether White's assets were the proceeds of crime, and if so, whether the NSW Crime Commission had sufficiently demonstrated that the granting of the orders was necessary to prevent the dissipation or removal of those assets. The court examined the evidence presented by the NSW Crime Commission to ascertain whether White's wealth was indeed linked to criminal activity, and if the restraining order would be an appropriate measure to protect public interest.

The Supreme Court, in its reasoning, found that the evidence provided by the NSW Crime Commission was sufficient to conclude that White's assets were the proceeds of crime. The court held that the orders were necessary to prevent the dissipation or removal of these assets. Consequently, the court granted the application for the restraining order and associated orders, emphasising the importance of these measures in combating organised crime and recovering assets obtained through unlawful means.

The final orders included a criminal assets restraining order, preventing White from disposing of or dealing with the identified assets, as well as associated orders to preserve the assets until further court directions. This decision underscores the court's commitment to utilising available legal tools to address and mitigate the effects of criminal activities.

Orders