Commissioner of Police v Wine Investment Services [2023] NSWSC 971

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of Police v Wine Investment Services [2023] NSWSC 971 Hearing dates: 16 June 2023 Date of orders: 14 July 2023 Decision date: 18 August 2023 Jurisdiction: Common Law Before: Lonergan J Decision: (1) The Director of Public Prosecutions is joined as the 80th defendant to the proceedings. (2) The making of any declarations or orders in relation to the lawful entitlement of the 66th defendant and the 79th defendant to the wine as sought under the fifth further amended summons is stayed until the conclusion of the trial of R v David Anthony James in the District Court of NSW 2017/298368. (3) The proceedings are otherwise listed for further directions before Lonergan J on Thursday 3 August at 9:30am. Catchwords: CRIMINAL LAW – return of seized property – LEPRA s 219 – related criminal proceedings not yet determined – question over "lawful entitlement" – intervention by DPP – temporary stay in respect of certain defendants Legislation Cited: Confiscation of Proceeds of Crime Act 1989 (NSW) Evidence Act 1995 (NSW) Law Enforcement (Power and Responsibilities) Act 2002 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Carolan v State of New South Wales and Anor [2013] NSWSC 1593 Carolan v State of New South Wales [2014] NSWSC 1566 Commissioner of Police v Pecover [2014] NSWSC 1427 Kovalev v Minister for Immigration and Multicultural Affairs (1999) 100 FCR 323; [1999] FCA 557 Lou v IAG Limited t/as NRMA Insurance (2019) 101 NSWLR 606; [2019] NSWCA 319 Re Great Eastern Cleaning Services Pty Ltd [1978] 2 NSWLR 278 Category: Procedural rulings Parties: Director of Public Prosecutions (NSW) (Applicant) Commissioner of Police (NSW) Police Force (Plaintiff) Wine Investment Services Pty Limited (Defendant) Plus 78 other named parties Representation: Counsel: T Epstein (Applicant) J Baird (66th and 79th Defendants)