New South Wales Crime Commission v Rabih Mohamed (also known as Rabih Mohamad) [2021] NSWSC 725

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Rabih Mohamed (also known as Rabih Mohamad) [2021] NSWSC 725 Hearing dates: 21 June 2021 Date of orders: 21 June 2021 Decision date: 21 June 2021 Jurisdiction: Common Law Before: Davies J Decision: Upon the Plaintiff giving the usual undertaking as to damages (the giving of which by its solicitor being noted) and Considering that, having had regard to the matters contained in the affidavit of Katie Elaine Bourne sworn 21 June 2021, there are reasonable grounds for the suspicion stated therein The Court orders: 1. Pursuant to section 10A of the Criminal Assets Recovery Act 1990 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 any interest in property (within the meaning of "interest in property" as defined in section 7 of the Criminal Assets Recovery Act 1990) of Rabih Mohamed (also known as Rabih Mohamad) including the interest in property in the property specified in Schedule One hereto and Schedule Two hereto. 2. Pursuant to section 12(1)(b)(i) of the Criminal Assets Recovery Act 1990 Rabih Mohamed (also known as Rabih Mohamad) 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 12(1)(c1) of the Criminal Assets Recovery Act 1990 Rabih Mohamed (also known as Rabih Mohamad) shall furnish to the Plaintiff, within twenty one (21) days after service of a sealed copy of these orders on Rabih Mohamed (also known as Rabih Mohamad), a statement verified by oath of Rabih Mohamed (also known as Rabih Mohamad) setting out the particulars sought in Schedule Three hereto. 5. Liberty is granted to the Plaintiff and Rabih Mohamed (also known as Rabih Mohamad) to apply on three (3) days' notice. 6. The costs of obtaining these orders shall be costs in the cause. 7. These proceedings be listed for mention before the Common Law Registrar at 9:00am on 11 October 2021. 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. SCHEDULE ONE 1. The whole of the property described as Lot 72 in Deposited Plan 7927 at Guildford, Local Government Area Cumberland, Parish of Liberty Plains County of Cumberland, also known as 35 Rowley Road, Guilford New South Wales 2161 and registered in the names of Rabih Mohamad, Bilal Mohamad and Fatima Mohamad as joint tenants. 2. The whole of the property described as Lot C in Deposited Plan 368069 at Smithfield, Local Government Area Fairfield, Parish of St Luke County of Cumberland, also known as 9 Lang Street, Smithfield New South Wales 2164 and registered in the name of Rabih Mohamad as sole owner. 3. The whole of the property described as Lot 1 in Deposited Plan 536911 at St Marys, Local Government Area Penrith, Parish of Melville County of Cumberland, also known as 17 Daraya Street, Colyton New South Wales 2760 and registered in the name of Rabih Mohamad as sole owner. 4. 2010 Toyota Hiace with New South Wales registration number CX13VL and registered in the name of Rabih Mohamed. 5. Funds held in the Australia and New Zealand Banking Group account 01 2325 2798-06545 in the name of Rabih Mohamad. 6. Funds held in Commonwealth Bank of Australia account 217610083250 in the name of Rabih Mohamed. 7. Funds held in Commonwealth Bank of Australia account 217605004578 in the names of Rabih Mohamed and Fatima Mohamad. 8. 10 Ordinary shares in RBuild Pty Ltd ACN 631 178 240 in the name of Rabih Mohamad. SCHEDULE TWO All of the interests in property of RBuild Pty Ltd ACN 631 178 240, including but not limited to: 1. Funds held in Commonwealth Bank of Australia account 220211155103 in the name of RBuild Pty Ltd. SCHEDULE THREE 1. Provide full particulars of the nature and extent of all your interests in property (within the meaning of "interest in property" as defined in section 7 of the Criminal Assets Recovery Act 1990), including in relation to each item of property: (a) a full description of your interest in the property, including the nature of that interest and, where possible, the estimated value, or in the case of bank accounts or deposits - the estimated balance, of that interest; (b) the location of the interest; (c) the name of the person or institution in whose custody title documents in respect of the interest are believed to be; (d) the approximate date of acquisition of the interest; (e) the source of funds used to acquire the interest. 2. Provide full particulars of your liabilities on both a capital and recurring basis, including, in relation to each liability: (a) a full description of the liability including the nature of that liability and the amount of that liability; (b) the name of the person or institution to which the liability Catchwords: CRIMINAL LAW – proceeds of crime – production orders Legislation Cited: Crimes Act 1990 (NSW) Criminal Assets Recovery Act 1990 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Nil Texts Cited: Nil Category: Procedural rulings Parties: New South Wales Crime Commission (Plaintiff) Rabih Mohamed (also known as Rabih Mohamad) (Defendant) Representation: Counsel: S Santhikumar - Ex parte (Plaintiff)