New South Wales Crime Commission v Daneshyar [2023] NSWSC 1173

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Daneshyar [2023] NSWSC 1173 Hearing dates: 13 September 2023 Date of orders: 13 September 2023 Decision date: 13 September 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 Abbas Daneshyar, 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 Abbas Daneshyar 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)(b)(ii) of the Criminal Assets Recovery Act 1990 that Torek Ayoub be examined on oath before a Registrar of the Court concerning the affairs of Abbas Daneshyar, including the nature and location of any property in which Abbas Daneshyar has an interest. (4) Pursuant to s 12(1)(b1) of the Criminal Assets Recovery Act 1990 Mariam Abbas shall be examined on oath before a Registrar of the Court concerning the affairs of Mariam Abbas, including the nature and location of any property in which Mariam Abbas or Abbas Daneshyar has an interest. (5) Leave is granted to the Plaintiff to obtain from the Registry dates for the examinations ordered in Orders 2, 3 and 4 above. (6) Pursuant to s 12(1)(e) of the Criminal Assets Recovery Act 1990 that Members of the New South Wales Police Force are authorised to seize and take possession of the property specified in Items 1, 2, 3, 4, 5, 9, 10, 11 and 12 of Schedule One hereto and the property specified in Items 1, 3 and 4 of Schedule Three hereto. (7) 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 Abbas Daneshyar in the property specified in Items 1, 2, 3, 4, 5, 9, 10, 11 and 12 of Schedule One hereto and the property specified in Items 1, 3 and 4 of Schedule Three hereto. (8) Pursuant to s 12(1)(c1) of the Criminal Assets Recovery Act 1990 Abbas Daneshyar shall furnish to the Plaintiff, within twenty one (21) days after service of a sealed copy of these orders on Abbas Daneshyar, a statement verified by oath of Abbas Daneshyar setting out the particulars sought in Schedule Four hereto. (9) Liberty is granted to the Plaintiff and Abbas Daneshyar to apply on three (3) days' notice. (10) Pursuant to s 101 of the Civil Procedure Act 2005 an order for interest. (11) These proceedings be listed for mention before the Common Law Registrar at 9:00am on Monday 4 December 2023. (12) 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) 1971 Mazda RX2 with New South Wales registration number FBI17K (and relevant vehicle keys) and registered in the name of Abbas Daneshyar. (2) 1983 Holden Gemini with New South Wales registration number EVS75C (and relevant vehicle keys) and registered in the name of Abbas Daneshyar. (3) 2021 Lamborghini Aventador with New South Wales registration number NCG09T (and relevant vehicle keys) and registered in the name of Abbas Daneshyar. (4) 1970 Ford Falcon with New South Wales registration number DF12SD (and relevant vehicle keys) and registered in the name of Abbas Daneshyar. (5) 2021 BMW S1000R motorcycle with New South Wales registration number DRKN8 (and relevant vehicle keys) and registered in the name of Abbas Daneshyar. (6) 2022 Trailer Park PWC boat trailer with New South Wales registration number TJ98ZH and registered in the name of Abbas Daneshyar. (7) 2018 Ausmarine PWC13 boat trailer with New South Wales registration number TJ90TW and registered in the name of Abbas Daneshyar. (8) 2017 Toyota Hiace with New South Wales registration number DB15VM and registered in the name of Abbas Daneshyar. (9) 2002 Mazda RX-7 with New South Wales registration number FBT14Y (and relevant vehicle keys) and registered in the name of Abbas Daneshyar. (10) 2018 3.35m red Yamaha PWC vessel with New South Wales registration number AJX595N (and relevant vehicle keys) and registered in the name of Abbas Daneshyar. (11) 2022 3.35m blue Yamaha PWC vessel with New South Wales registration number ALO508N (and relevant vehicle keys) and registered in the name of Abbas Daneshyar. (12) 2001 9.5m white Bayliner fibreglass motor cruiser vessel with New South Wales registration number AEG112N and registered in the name of Abbas Daneshyar. (13) 1994 Nissan Pulsar LX with New South Wales registration number FBN23E (and relevant vehicle keys) and registered in the name of Abbas Daneshyar. (14) 1 of 1 fully paid and beneficially held ordinary shares in Daneshyar Enterprise Pty Ltd A.C.N. 633 971 089 held in the name of Abbas Daneshyar. (15) 100 of 100 fully paid and beneficially held ordinary shares in Mr-OCD Group Services Pty Ltd A.C.N. 667 615 152 held in the name of Abbas Daneshyar. (16) 100 of 100 fully paid and beneficially held ordinary shares in I-Protection Consultancy Pty Ltd A.C.N. 667 615 581 held in the name of Abbas Daneshyar. (17) 100 of 100 fully paid and beneficially held ordinary shares in Ample Recovery Agency Pty Ltd A.C.N. 667 615 876 held in the name of Abbas Daneshyar. SCHEDULE TWO All the interests in property of Daneshyar Enterprise Pty Ltd A.C.N. 633 971 089, including: (1) The whole property described as Lot A in Deposited Plan 385769, Local Government Area Canterbury-Bankstown, Parish of Bankstown, County of Cumberland, also known as 154 Picnic Point Road, Picnic Point NSW 2213 and registered in the name of Daneshyar Enterprise Pty Ltd as sole owner. (2) The whole property described as Lot 36 in Strata Plan 103910 at Condell Park, Local Government Area Canterbury-Bankstown, also known as 406 Marion Street, Condell Park NSW 2200 and registered in the name of Daneshyar Enterprise Pty Ltd as sole owner. (3) The whole property described as Lot 1 of Section 14 in Deposited Plan 11234 at Punchbowl, Local Government Area Canterbury-Bankstown, Parish of Bankstown, County of Cumberland, also known as 837 Punchbowl Road, Punchbowl NSW 2196 and registered in the name of Daneshyar Enterprise Pty Ltd as sole owner. (4) The whole property described as Lot 9 of Section 14 in Deposited Plan 11234 at Punchbowl, Local Government Area Canterbury-Bankstown, Parish of Bankstown, County of Cumberland, also known as 851 Punchbowl Road, Punchbowl NSW 2196 and registered in the name of Daneshyar Enterprise Pty Ltd as sole owner. SCHEDULE THREE All the interests in property of Dark Haus Enterprise Pty Ltd A.C.N. 657 968 002, including: (1) 2015 Bentley Continental with New South Wales registration number EPZ48P (and relevant vehicle keys) and registered in the name of Dark Haus Enterprise Pty Ltd. (2) 2019 Toyota Hiace with New South Wales registration number DD93PM and registered in the name of Dark Haus Enterprise Pty Ltd. (3) 2020 Mercedes-Benz M-AMG with New South Wales registration number ERW87J (and relevant vehicle keys) and registered in the name of Dark Haus Enterprises Pty Ltd. (4) 2020 Land Rover Range Rover with New South Wales registration number DGF 81U (and relevant vehicle keys) and registered in the name of Dark Haus Enterprise Pty Ltd. 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: PROCEDURE – ex parte proceedings - proceeds of crime – orders made pursuant to ss 10A, 10B, 12, Criminal Assets Recovery Act 1990 – orders made pursuant to s 101 of the Civil Procedure Act 2005 - an order for interest – orders made 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 Legislation Cited: Criminal Assets Recovery Act 1990 (NSW) s 10A Civil Procedure Act 2005 (NSW) s 101 Uniform Civil Procedure Rules 2005 (NSW) r 1.26 Crimes Act 1900 (NSW) s 86(3) Category: Principal judgment Parties: New South Wales Crime Commission (Plaintiff) Abbas Daneshyar (Defendant) Representation: Counsel: M Batchelor No appearance (ex parte proceedings)