The application of Warwick Oliver

[2019] NSWSC 1544

Supreme Court

New South Wales

Medium Neutral Citation:

The application of Warwick Oliver [2019] NSWSC 1544

Hearing dates:

7 November 2019

Date of orders:

07 November 2019

Decision date:

07 November 2019

Jurisdiction:

Common Law

Before:

Davies J

Decision:

1. Pursuant to section 33(2) of the Criminal Assets Recovery Act 1990 ("the Act"), the Proper Officer of Gridmesh Pty. Ltd. A.C.N. 007 801 881 of Darren Bray Level 1, 190 Henley Beach Road, Torrensville, South Australia 5031 produce to the person named in Schedule One hereto at the time and place specified in Schedule Two hereto in respect of the period 30 June 2014 to 31 December 2015 any original document, duplicate or copy document, in the possession or control of the Proper Officer of Gridmesh Pty. Ltd. A.C.N. 007 801 881 of Darren Bray Level 1, 190 Henley Beach Road, Torrensville, South Australia 5031 including the documents described in Schedule Four hereto, relevant to:

   

(a) identifying, locating or quantifying any interest in property (within the meaning of "interest in property" as defined in section 7 of the Act) of the person named in Schedule Three hereto; and

 

(b) identifying or locating any document necessary for the transfer of an interest in property (within the meaning of "interest in property" as defined in section 7 of the Act) of the person named in Schedule Three hereto.

 

SCHEDULE ONE

 

Name of authorised officer: Warwick Oliver
SCHEDULE TWO

 

Time:   Between 9 am and 4 pm
Date:   on or before 13 December 2019
Place:   453-463 Kent Street, Sydney NSW

 

SCHEDULE THREE

 

Name of person: To’oto’o Junior Mafiti (also known as Junior Too Too Mafiti)
Date of birth:   13 June 1968
Address of person:   49 Ambrose Street, Oran Park, NSW 2570

         

SCHEDULE FOUR

 

All documents relating to the person specified in Schedule Three above (“Mafiti”) including but not limited to:

 

(a)   documents relating to a $600,000 deposit from Gridmesh Pty Ltd to an account held by Mafiti on or around 26 February 2015;

 

(b)   documents relating to title to real or personal property or the transfer or lease of or other dealings in any interest in such property;

 

(c)   documents relating to all transactions for or with or on behalf of Mafiti including documents relating to all monies received from or on behalf of or paid to or on behalf of Mafiti;

 

(d)   documents relating to the lease or transfer of any business in Mafiti has an interest;

 

(e)   financial records, including balance sheets;

 

(f)   testamentary documents, powers of Attorney and documents relating to trusts;

 

(g)   applications for accounts, credit cards, loans and finance; and

 

(h)   notes, correspondence and working papers.

 

In this Schedule “document” means any record of information and includes:

 (a)   anything on which there is writing; or
(b)   anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; or
(c)   anything from which sounds, images, or writings can be produced with or without the aid of anything else (e.g. video and audio tapes and computer disks); or
(d)   a map, plan, drawing or photograph.

Catchwords:

CRIMINAL LAW – proceeds of crime – production of property tracking documents

Legislation Cited:

Criminal Assets Recovery Act 1990 (NSW)
Drug Misuse and Trafficking Act 1985 (NSW)

Category:

Procedural and other rulings

Parties:

Warwick Oliver (Plaintiff)

Representation:

Counsel:
S Santhikumar – Ex parte (Plaintiff)

  Solicitors:
Legal Unit, New South Wales Crime Commission (Plaintiff)

File Number(s):

2019/349963

Judgment

1. This is an application under s. 33 of the Criminal Assets Recovery Act1990 (NSW) for the production of property tracking documents. Section 33 provides that if an authorised officer has reasonable grounds for suspecting that a person has possession or control of a property tracking document or property tracking documents, the authorised officer may lay before the Court an Information on oath setting out those grounds and applying to the Court ex parte for a production order against the person suspected of having possession or control of the document, or documents. Subsection (2) provides for the orders that may be made by the Court in that regard.

2. The application is supported by an affidavit of Warwick Oliver, sworn 31 October 2019. Mr Oliver is an authorised officer of the plaintiff.

3. Mr Oliver deposes to a suspicion that a person known as To'oto'o Junior Mafiti has engaged in serious crime related activity, namely, participating in a criminal group, contrary to s 93T of the Crimes Act1900 (NSW), which is an offence falling within the definition of serious criminal offence pursuant to s 6(2)(G)(1) of the Criminal Assets Recovery Act and, also, supplying a prohibited drug, cocaine, in an amount greater than a large commercial quantity, pursuant to s 23(2) of the Drug Misuse and Trafficking Act 1985 (NSW). That is an offence which is a “serious criminal offence” pursuant to s. 6(2)(b) of the Criminal Assets Recovery Act.

4. Mr Oliver bases his suspicion, partly, on an affidavit sworn in earlier proceedings against Mr Mafiti by Katie Elaine Bourne on 23 May 2019 and by the fact that, on that day, Justice Natalie Adams made a restraining order under s. 10A of the Act, which restraining order is still in force.

5. Mr Oliver also bases his suspicion on Westpac documents produced to the Commission, which tend to show a deposit in an account held by Mr Mafiti of a sum of $600,000 from the person against whom the present production orders are sought, namely, Gridmesh Pty Ltd.

6. I have read Mr Oliver's affidavit and Ms Bourne's affidavit and perused the financial records of Westpac. I am satisfied, on the basis of that material, that the suspicion held by Mr Oliver is reasonably held and that an order should be made for the production of the documents which, under the Act, are defined as property tracking documents.

7. I make an order in terms of paragraph 1 of the draft order provided to me and signed by me.

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Decision last updated: 08 November 2019