New South Wales Crime Commission v Bradbury [2022] NSWSC 1324

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Bradbury [2022] NSWSC 1324 Hearing dates: 30 September 2022 Date of orders: 30 September 2022 Decision date: 30 September 2022 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 Ryan James Bull affirmed on 27 September 2022, 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 Paul Justin Bradbury, including the interest in property in the property specified in Schedule One and Schedule Two hereto. 2. Pursuant to section 12(1)(b)(i) of the Criminal Assets Recovery Act 1990 Paul Justin Bradbury 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. Pursuant to section 12(1)(b1) of the Criminal Assets Recovery Act 1990 Rebecca Jane Roberts Saunders shall be examined on oath before a Registrar of the Court concerning the affairs of Rebecca Jane Roberts Saunders, including the nature and location of any property in which Rebecca Jane Roberts Saunders or Paul Justin Bradbury has an interest. 4. Leave is granted to the Plaintiff to obtain from the Registry dates for the examinations ordered in Orders 2 and 3 above. 5. Pursuant to section 10B(2) of the Criminal Assets Recovery Act 1990 the New South Wales Trustee and Guardian shall take control of all the interest of Paul Justin Bradbury in the property specified in Schedule Two hereto. 6. Pursuant to section 12(1)(c1) of the Criminal Assets Recovery Act 1990 Paul Justin Bradbury shall furnish to the Plaintiff, within twenty one (21) days after service of a sealed copy of these orders on Paul Justin Bradbury, a statement verified by oath of Paul Justin Bradbury setting out the particulars sought in Schedule Three hereto. 7. Liberty is granted to the Plaintiff and Paul Justin Bradbury to apply on three (3) days' notice. 8. The costs of obtaining these orders shall be costs in the cause. 9. These proceedings be listed for mention before the Common Law Registrar at 9:00am on 13 February 2023. 10. 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 4 in Deposited Plan 571768 at Terranora, Local Government Area Tweed, Parish of Terranora, County of Rouse, also known as 249 Terranora Road, Banora Point NSW 2486 and registered in the names of Rebecca Jane Roberts Saunders and Paul Justin Bradbury as joint tenants. 2. The whole of the property described as Title Reference 14628164 Registered Owner: Dealing No: 721040944 25/08/2021, Rebecca Jane Roberts Saunders and Paul Justin Bradbury joint tenants, Estate and Land: Estate in Fee Simple, Lots 2-3, Registered Plan 130620, Local Government: Redland. 3. 2006 Dunbir Boat Trailer with NSW registration number TK99JT and registered in the name of Paul Justin Bradbury. 4. 2016 Toyota Land Cruiser with NSW registration number EQS14Z and registered in the name of Paul Justin Bradbury. 5. 1996 Homemade Trailer with NSW registration number TK98JT and registered in the name of Paul Justin Bradbury. 6. 1995 5.0m white Seafarer open runabout watercraft with NSW registration number ABA528N and registered in the name of Paul Justin Bradbury. 7. 1 of 1 fully paid and beneficially held class A shares in Chase Offshore Pty Ltd A.C.N. 634 166 037 held in the name of Paul Justin Bradbury. 8. 1 of 2 fully paid and beneficially held ordinary shares in Chase Offshore Pty Ltd A.C.N. 634 166 037 held in the name of Paul Justin Bradbury. SCHEDULE TWO 1. Cash in the approximate amount of $41,000 seized by members of the NSW Police Force during the execution of a search warrant on 20 April 2022 at 249 Terranora Road, Banora Point NSW 2486. 2. Gold in approximate weight of 1oz (28.35 grams) seized by members of the NSW Police Force during the execution of a search warrant on 20 April 2022 at 249 Terranora Road, Banora Point NSW 2486. 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 is owed. Catchwords: CRIMINAL LAW – proceeds of crime – restraining orders Legislation Cited: Crimes Act 1990 (NSW) Criminal Assets Recovery Act 1990 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Nil Texts Cited: Nil Category: Procedural rulings Parties: New South Wales Crime Commission (Plaintiff) Paul Justin Bradbury (Defendant) Representation: Counsel: S Askew - Ex parte (Plaintiff)