New South Wales Crime Commission v Hindmarch [2023] NSWSC 332

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Hindmarch [2023] NSWSC 332 Hearing dates: 20 March 2023 Date of orders: 20 March 2023 Decision date: 20 March 2023 Jurisdiction: Common Law Before: Campbell J Decision: Leave is granted under r 39.1(d) of the Uniform Civil Procedure Rules 2005 (NSW) for the issue of a writ of possession of the land in favour of the Trustee. The writ should not be executed until six weeks' notice of the intended execution is given by either the Trustee or the Sheriff. The prayer for relief seeking mesne profits is refused. The respondent is to pay the Trustee's costs on an indemnity basis. Catchwords: CIVIL PROCEDURE — enforcement of proceeds of crime assessment order — ex parte application — writ for possession of land —whether entitlement to mesne profit arises where Trustee not currently in possession of land — defendant's conduct sufficiently delinquent warranting indemnity costs order Legislation Cited: Criminal Assets Recovery Act 1990 (NSW) Uniform Civil Procedure Rules 2005 (NSW), r 39.1(d) Cases Cited: Hampton v BHP Billiton Minerals Pty Ltd (No 2) [2012] WASC 285 Minister for Interior v RT Co Pty Ltd (1962) 107 CLR 1; [2016] HCA 29 New South Wales Crime Commission v Vu (No 2) [2015] NSWSC 1064 Richardson v Richardson [2021] NSWSC 353 Category: Consequential orders Parties: NSW Trustee and Guardian (Applicant) Sean Robert Hindmarch (Respondent) Representation: Counsel: T Fishburn (Applicant) No appearance (Respondent)