Supreme Court New South Wales Medium Neutral Citation: New South Wales Crime Commission v Garcia [2022] NSWSC 212 Hearing dates: 24 February 2022 Date of orders: 24 February 2022 Decision date: 24 February 2022 Jurisdiction: Common Law Before: Dhanji J Decision: Consent orders made. Catchwords: CRIMINAL LAW – proceeds of crime – consent orders Legislation Cited: Criminal Assets Recovery Act 1990 (NSW) Category: Procedural rulings Parties: New South Wales Crime Commission (Plaintiff) Jose Maria Garcia (Defendant) Representation: Solicitors: New South Wales Crime Commission (Plaintiff) Price & Co Solicitors (Defendant) File Number(s): 2015/158633 Publication restriction: Nil EXTEMPORE Judgment 1. HIS HONOUR: These proceedings were commenced by summons on 28 May 2015. On that date the Court made a restraining order pursuant to s 10A of the Criminal Assets Recovery Act 1990 (NSW) ("the Act") in respect of all the interests in property of the defendant, subject to exclusion of his interest in certain property. On that same date the plaintiff applied to the Court pursuant to s 28A of the Act for an unexplained wealth order in respect of the defendant. Further orders have been made since that time. The proceedings are, however, yet to be resolved. 2. Today the plaintiff appears with the consent of the defendant's representative seeking certain orders be made by consent. Those orders are, in effect, to vary the existing restraining order so as to allow payment of the mortgage with respect to restrained property to continue. 3. I am of the view that those orders should be made. I make orders in accordance with the consent orders filed with the Court. I will sign a copy of those orders which will be placed with the court file. ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 04 March 2022