New South Wales Crime Commission v Malik [2023] NSWSC 643

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Malik [2023] NSWSC 643 Hearing dates: 7 June 2023 Date of orders: 7 June 2023 Decision date: 07 June 2023 Jurisdiction: Common Law Before: Walton J Decision: (1) Pursuant to s 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 s 7 of the Criminal Assets Recovery Act 1990) of Danish Nazir Malik, including the interest in property in the property specified in Schedule One, Schedule Two and Schedule Three hereto. (2) Pursuant to s 12(1)(b)(i) of the Criminal Assets Recovery Act 1990 Danish Nazir Malik 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 s 12(1)(b1) of the Criminal Assets Recovery Act 1990 Olesya Berladina shall be examined on oath before a Registrar of the Court concerning the affairs of Olesya Berladina including the nature and location of any property in which Olesya Berladina or Danish Nazir Malik 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 s 10B(2) of the Criminal Assets Recovery Act 1990 the New South Wales Trustee and Guardian shall take control of all the interest of Danish Nazir Malik in the property specified in Schedule Two and Schedule Three hereto. (6) Pursuant to s 12(1)(c1) of the Criminal Assets Recovery Act 1990 Danish Nazir Malik shall furnish to the Plaintiff, within twenty one (21) days after service of a sealed copy of these orders on Danish Nazir Malik, a statement verified by oath of Danish Nazir Malik setting out the particulars sought in Schedule Four hereto. (7) Liberty is granted to the Plaintiff and Danish Nazir Malik 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 11 September 2023. (10) Pursuant to r 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) Funds held in Australia and New Zealand Banking Group account number 01 2226 4230-42093 held in the name of Danish Nazir Malik. (2) Funds held in Australia and New Zealand Banking Group Account number 01 2226 4230-42245 held in the name of Danish Nazir Malik. SCHEDULE TWO Cash in the approximate amount of $129,726 seized by members of the NSW Police Force on 4 August 2022 during the execution of a search warrant at 710/194 Stacey Street, Bankstown NSW 2200, being the residential address of Danish Nazir Malik. SCHEDULE THREE (1) 2022 Mercedes Benz C200 with New South Wales registration number ETH80H and registered in the name of Danish Nazir Malik, seized by members of the NSW Police Force on 4 August 2022 during the execution of a search warrant at 710/194 Stacey Street, Bankstown NSW 2200, being the residential address of Danish Nazir Malik. (2) Miscellaneous luxury watches, jewellery and designer clothing seized by members of the NSW Police Force on 4 August 2022 during the execution of a search warrant at 710/194 Stacey Street, Bankstown NSW 2200, being the residential address of Danish Nazir Malik, including: a) 1x purple Hublot brand watch; b) 2x Hublot brand watches; c) 1x 18k white gold diamond bracelet; d) 1x silver necklace; e) 1x gold bracelet; f) 1x gold necklace; g) Miscellaneous designer clothing. 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 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: Criminal Assets Recovery Act 1990 (NSW) Crimes Act 1900 (NSW) Category: Principal judgment Parties: NSW Crime Commission (Plaintiff) Danish Nazir Malik (Defendant) Representation: Counsel: S Askew (Plaintiff)