New South Wales Crime Commission v Pettersen [2023] NSWSC 406

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Pettersen [2023] NSWSC 406 Hearing dates: 29 March 2023 Date of orders: 29 March 2023 Decision date: 29 March 2023 Jurisdiction: Common Law Before: Walton J Decision: (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 Neil Andrew Pettersen (also known as Neil Andrew Petterson), including the interest in property in the property specified in Schedule One, Schedule Two, Schedule Three and Schedule Four hereto. (2) Pursuant to section 12(1)(b)(i) of the Criminal Assets Recovery Act 1990 Neil Andrew Pettersen (also known as Neil Andrew Petterson) 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 Stacey Jolly shall be examined on oath before a Registrar of the Court concerning the affairs of Stacey Jolly, including the nature and location of any property in which Stacey Jolly or Neil Andrew Pettersen (also known as Neil Andrew Petterson) has an interest. (4) Leave is granted to the Plaintiff to obtain from the Registry dates for the examinations ordered in Order 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 Neil Andrew Pettersen (also known as Neil Andrew Petterson) in the property specified in Schedule Two, Schedule Three and Schedule Four hereto. (6) Pursuant to section 12(1)(c1) of the Criminal Assets Recovery Act 1990 Neil Andrew Pettersen (also known as Neil Andrew Petterson) shall furnish to the Plaintiff, within twenty one (21) days after service of a sealed copy of these orders on Neil Andrew Pettersen (also known as Neil Andrew Petterson), a statement verified by oath of Neil Andrew Pettersen (also known as Neil Andrew Petterson) setting out the particulars sought in Schedule Five hereto. (7) Liberty is granted to the Plaintiff and Neil Andrew Pettersen (also known as Neil Andrew Petterson) 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 10 July 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) 2009 Holden Ute with New South Wales registration number D0D0SH and registered in the name of Neil Andrew Pettersen. (2) 100 of 100 fully paid and beneficially held ordinary shews in Exclusive Services Pty Ltd A.C.N. 647 126 234 and held in the name of Neil Andrew Pettersen. SCHEDULE TWO 2017 Holden Commodore with expired New South Wales registration number EQO31Z and previously registered in the name of West Three Pty Ltd, seized by the NSW Police Force on 17 November 2022 and currently in the possession of the NSW Police Force. SCHEDULE THREE (1) Cash in the approximate amount of $26,750 seized by members of the NSW Police Force on 17 November 2022 during the execution of a search warrant at 4/2 Burt Street, Rozelle NSW 2039, being the residential address of Neil Andrew Pettersen (also known as Neil Andrew Petterson). (2) Cash in the approximate amount of $464,950 seized by members of the NSW Police Force on 17 November 2022 during the execution of a search warrant at 3/1 Baker Street, Enfield NSW 2136. SCHEDULE FOUR Miscellaneous jewellery and luxury watches seized by members of the NSW Police Force on 17 November 2022 during the execution of a search warrant at 4/2 Burt Street, Rozelle NSW 2039, being the residential address of Neil Andrew Pettersen (also known as Neil Andrew Petterson), including: a) Omega Constellation watch; b) 2x Tag Heuer Link watch; c) 2x 18 carat white gold bracelet with diamonds d) Breitling watch e) Tiffany and Co diamond ring f) Tag Heuer Senna watch g) Tag Heuer Carrera watch SCHEDULE FIVE (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 PROCEDURE – Criminal Assets Recovery Act 1990 (NSW) – proceeds of crime – ex parte – orders made Legislation Cited: Criminal Assets Recovery Act 1990 (NSW) Drug Misuse and Trafficking Act 1985 (NSW), s 24(2) Uniform Civil Procedure Rules 2005 (NSW), r 1.26 Category: Principal judgment Parties: New South Wales Crime Commission (Plaintiff) Neil Andrew Pettersen (Defendant) Representation: Counsel: S Askew (Plaintiff)