New South Wales Crime Commission v Asanovic [2023] NSWSC 413

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Asanovic [2023] NSWSC 413 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 Daniel Asanovic (also known as Daniel Ritter), including the interest in property in the property specified in Schedule One, Schedule Two and Schedule Three hereto. (2) Pursuant to section 12(1)(b)(i) of the Criminal Assets Recovery Act 1990 Daniel Asanovic (also known as Daniel Ritter) 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 Rahela Ritter shall be examined on oath before a Registrar of the Court concerning the affairs of Rahela Ritter, including the nature and location of any property in which Rahela Ritter or Daniel Asanovic (also known as Daniel Ritter) 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 Daniel Asanovic (also known as Daniel Ritter) in the property specified in Schedule Two and Schedule Three hereto. (6) Pursuant to section 12(1)(c1) of the Criminal Assets Recovery Act 1990 Daniel Asanovic (also known as Daniel Ritter) shall furnish to the Plaintiff, within twenty one (21) days after service of a sealed copy of these orders on Daniel Asanovic (also known as Daniel Ritter), a statement verified by oath of Daniel Asanovic (also known as Daniel Ritter) setting out the particulars sought in Schedule Four hereto. (7) Liberty is granted to the Plaintiff and Daniel Asanovic (also known as Daniel Ritter) 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) 2021 Harley Davidson CRU Series motorcycle with New South Wales registration number ESZ81 and registered in the name of Daniel Ritter. (2) 2019 Easytow Trailer PW32 75S0S boat trailer with expired New South Wales registration number TS27CZ and previously registered in the name of Daniel Ritter. SCHEDULE TWO (1) Cash in the approximate amount of $39,625 seized on 18 November 2020 by members of the NSWPF during the execution of a search warrant at 10/78-80 Eton Street, Smithfield NSW 2164, being the residential address of Daniel Asanovic. (2) Cash in the approximate amount of $39,950 seized by members of the NSWPF on 26 November 2020 during the execution of a search warrant at Croydon Racing Developments, 6 Tarlington Place, Smithfield NSW 2164. SCHEDULE THREE (1) Miscellaneous watches seized by members of the NSW Police Force on 18 November 2020 during the execution of a search warrant at 10/78-80 Eton Street, Smithfield NSW 2164, including: a) Green Rolex Submariner (green) watch. b) Richard Mille (black & red) watch. c) Richard Mille (black & yellow) watch. d) Patek Philippe (gold with black dial) watch. e) Audesmars Piguet (gold with black dial) watch. f) Patek Philippe 3800 (gold with gold dial) watch. g) Rolex Sky Dweller oyster perpetual (gold) watch. h) Richard Mille RM 53 (Black & blue) watch. i) Patek Philippe (diamond encrusted) watch. j) Audesmars Piguet (diamond encrusted) watch. k) Rolex Yacht-Master 2 (gold & blue) watch. (2) Miscellaneous watches seized by members of the NSWPF on 18 November 2020 during the execution of a search warrant at 16 McNeill Circuit, Oran Park NSW 2570, including: a) Rolex (Serial # 6051X874, Model 118238) watch. b) Rolex (Serial # K1X15055, Model 326938) watch. c) Rolex (Serial # Q409A776, Model 218238, Gold bracelet, black roman numerals) watch. d) Rolex (Serial # 2A4J1155, Model 228235) watch. e) Rolex (Serial # n/a, Model Daytona 116505A Sundust) watch. f) Rolex (Serial # n/a, Model 228238) watch. SCHEDULE FOUR (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) – restraining order – ex parte – orders made Legislation Cited: Criminal Assets Recovery Act 1990 (NSW), s 10A Drug Misuse and Trafficking Act 1995 (NSW), s 25(1) Category: Principal judgment Parties: New South Wales Crime Commission (Plaintiff) Daniel Asanovic (Defendant) Representation: Counsel: S Askew (Plaintiff)