New South Wales Crime Commission v Acharya [2020] NSWSC 1703

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Acharya [2020] NSWSC 1703 Hearing dates: 30 November 2020 Date of orders: 30 November 2020 Decision date: 30 November 2020 Jurisdiction: Common Law Before: Beech-Jones J Decision: 1. Pursuant to s 14 of the Civil Procedure Act 2005, service of the notice of motion be dispensed with. 2. Pursuant to s 30(1) of the Criminal Assets Recovery Act 1990, a "later order" is made directing the applicant to pay to the Treasurer an amount sufficient to discharge the debt created by the Unexplained Wealth Order made on 20 November 2018. 3. Declare that the NSW Trustee and Guardian may comply with order 1 by applying the funds referred to in the Schedule below in accordance with s 30(4)(a), then s 30(4)(b) and s 30(5). SCHEDULE The sum of $432,395.75 plus interest accrued as payment to the applicant pursuant to orders made 5 September 2018. 4. The notice of motion filed 17 November 2020 be otherwise dismissed. Catchwords: No question of principle Legislation Cited: Civil Procedure Act 2005 Criminal Assets and Recovery Act 1990 Cases Cited: New South Wales Crime Commission v Acharya [2017] NSWSC 443 New South Wales Crime Commission v Acharya [2018] NSWSC 1372 Category: Principal judgment Parties: New South Wales Crime Commission (Plaintiff) Shyam Acharya (aka Sarang Chitale) (Defendant) NSW Trustee and Guardian (Applicant) Representation: Counsel: Mention (Plaintiff) G Jones (Applicant)