New South Wales Crime Commission v Walshe [2023] NSWSC 639

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Walshe [2023] NSWSC 639 Hearing dates: 7 June 2023 Date of orders: 7 June 2023 Decision date: 07 June 2023 Jurisdiction: Common Law Before: Walton J Decision: (1) An order pursuant to s 10A of the Criminal Assets Recovery Act 1990 that 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 s 7 of the Criminal Assets Recovery Act 1990) of Conor Jack Walshe, including the interest in property in the property specified in Schedule One and Schedule Two hereto. (2) An order pursuant to s 12(1)(b)(i) of the Criminal Assets Recovery Act 1990 that Conor Jack Walshe 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) An order pursuant to s 12(1)(b1) of the Criminal Assets Recovery Act 1990 that Amy Kimberley Craike be examined on oath before a Registrar of the Court concerning her affairs, including the nature and location of any property in which she or Conor Jack Walshe has an interest. (4) An order that leave be granted to the Plaintiff to obtain from the Registry dates for the examinations sought in Prayers 2 and 3 above. (5) An order pursuant to s 10B(2) of the Criminal Assets Recovery Act 1990 that the New South Wales Trustee and Guardian take control of all the interest of Conor Jack Walshe in the property specified in Schedule Two hereto. (6) An order pursuant to s 12(1)(c1) of the Criminal Assets Recovery Act 1990 that Conor Jack Walshe furnish to the Plaintiff, within twenty-one (21) days after service of a sealed copy of these orders on Conor Jack Walshe, a statement verified by oath of Conor Jack Walshe setting out the particulars sought in Schedule Three hereto. (7) Liberty is granted to the Plaintiff and Conor Jack Walshe 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 4 September 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 11 in Deposited Plan 9069 at West Ballina, Local Government Area Ballina, Parish of Ballina, County of Rous, also known as 8 Buchanan Street, Ballina NSW 2795 and registered in the name of Conor Walshe and Amy Kimberley Craike as joint tenants. (2) The whole of the property described as Title Reference: 20836019, Registered Owner: Dealing No. 721682923 12/05/2022, Conor Jack Walshe and Amy Kimberley Craike as joint tenants, Estate and Land: Estate in Fee Simple, Lot 53 in Registered Plan 716387 at Local Government Area Cairns. (3) The whole of the property described as Title Reference: 21058145, Registered Owner: Dealing No. 71348311 16/12/2021, Conor Jack Walshe and Amy Kimberley Craike as joint tenants, Estate and Land: Estate in Fee Simple, Lot 205 in Registered Plan 731463, Local Government Area Cairns. SCHEDULE TWO Cash in the approximate amount of $14,300 seized by members of the NSW Police Force on 8 March 2023 during the execution of a search warrant at 8 Buchanan Street, Ballina NSW 2478, being the residence of Conor Jack Walshe. 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 s 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 – restraining order – ancillary orders – ex parte – orders made Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Category: Principal judgment Parties: New South Wales Crime Commission (Plaintiff) Conor Jack Walshe (Defendant) Representation: Counsel: S Askew (Plaintiff)