Application of the New South Wales Crime Commission; In the matter of Noji [2022] NSWSC 898

Supreme Court New South Wales

Medium Neutral Citation: Application of the New South Wales Crime Commission; In the matter of Noji [2022] NSWSC 898 Hearing dates: 17 June 2022 Date of orders: 17 June 2022 Decision date: 17 June 2022 Jurisdiction: Common Law Before: Hamill J Decision: The Court makes orders 1, 4, 6, 7, 8 and 9 in accordance with the short minutes of orders filed by the plaintiff on 17 June 2022. Catchwords: CIVIL – confiscation of proceeds of crime – restraining orders sought ex parte – restraining orders made – examination orders refused in circumstances of extant criminal proceedings Legislation Cited: Criminal Assets Recovery Act 1990 (NSW), ss 4A, 7, 10A, 10B(2) Uniform Civil Procedure Rules 2005 (NSW), r 36.4(1)(a) Category: Principal judgment Parties: New South Wales Crime Commission (Plaintiff) Junichi Noji (Defendant) Representation: Counsel: S Santhikumar (Plaintiff)

Solicitors: New South Wales Crime Commission (Plaintiff) File Number(s): 2022/174919

ex tempore Judgment (revised) 1. The New South Wales Crime Commission ("the Commission") seeks orders by way of summons filed in Court today, 17 June 2022, on an ex parte basis under s 10A of the Criminal Assets Recovery Act 1990 (NSW). 2. It is appropriate to deal with the matter ex parte to a point, for the reason that the assets sought to be restrained could be interfered with if notice of the application was given in advance. It is also a statutory entitlement under s 10A of the Act. 3. In support of the summons is filed and read an affidavit of Ryan James Bull. Mr Bull is an authorised officer pursuant to s 4A. He states in paragraph 3 his suspicions that the defendant, Junichi Noji, is involved in serious crime related activity. The circumstances in which that suspicion is aroused are set out in the affidavit of Mr Bull and, in particular, in documents annexed to that affidavit, including a facts sheet created by police in respect of offences of knowingly dealing with the proceeds of crime and supplying drugs, and a statement of facts and circumstances also filed in Court this morning. 4. The facts sheet sets out the circumstances in which an alleged coaccused of Mr Noji, that is Zahang Pan, came to the suspicion of police and was found to be in possession of around $50,000 and a quantity of methylamphetamine, being a bit more than 10 grams, cocaine being a bit more than 5 grams and heroin being a bit more than 6 grams. 5. The investigation led to a search warrant at premises in relation to which the current defendant was a sole occupant, wherein the police located around $3,000,000 in Australian currency and about 50 grams of methylamphetamine. 6. Based on that information, I am satisfied there is a reasonable belief on the part of the authorised officer and I propose to make the orders restraining the nominated property. 7. The Commission also seeks ancillary orders for the examination of Mr Noji and requiring him to furnish a statement of his financial circumstances. I am not satisfied that it is appropriate to make those orders ex parte while the criminal proceedings appear to be extant. 8. I decline to make orders 2, 3 and 5. However, I will make orders in accordance with the draft orders proposed by the Commission, being orders 1, 4, 6, 7, 8 and 9.