Grimes v New South Wales Crime Commission [2021] NSWCA 238

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Grimes v New South Wales Crime Commission [2021] NSWCA 238 Hearing dates: 14 September 2021 Date of orders: 1 October 2021 Decision date: 01 October 2021 Before: Meagher JA; Simpson AJA Decision: (1) Dispense with Uniform Civil Procedure Rules 2005 (NSW), r 7.14 with respect to the commencement and carrying on by the applicant of his application for leave to appeal. (2) Grant leave to appeal from the consent orders made on 28 October 2020. (3) Dispense with the need for the applicant to file any notice of appeal and allow the appeal. (4) Set aside the orders made on 28 October 2020 except for order 7. (5) Remit the summons to the Common Law Division to be reheard, and direct that at the outset, the parties raise for the Court's determination the validity of the existing tutor's appointment. (6) Set aside the writ of possession issued on 27 July 2021 in respect of the Kareela property. (7) Dismiss the applicant's notice of motion filed 13 July 2021 and notice of motion dated 13 September 2021. (8) Direct that the referral for assistance made by the Court on 14 September 2021 be taken to be a referral for legal assistance in the Common Law Division. Legislation Cited: Civil Procedure Act 2005 (NSW), s3 Civil Procedure Regulation 2017 (NSW), cl 12(2)(b) Criminal Assets Recovery Act 1990 (NSW), s 27 NSW Trustee and Guardian Act 2009 (NSW), s 41 Uniform Civil Procedure Rules 2005 (NSW), rr 7.14, 7.18, 7.36 Category: Principal judgment Parties: Gerard Kevin Grimes (Applicant) New South Wales Crime Commission (Respondent) Representation: Counsel: R Bhalla (Respondent)