New South Wales Crime Commission v Foster [2024] NSWSC 111

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Foster [2024] NSWSC 111 Hearing dates: 14 February 2024 Date of orders: 14 February 2024 Decision date: 14 February 2024 Jurisdiction: Common Law Before: Davies J Decision: Upon the Plaintiff giving the usual undertaking as to damages (the giving of which by its solicitor being noted) and Considering that, having had regard to the matters contained in the affidavit of Jiansong Wen affirmed 13 February 2024, there are reasonable grounds for the suspicions stated therein The Court orders: 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 Shannon Foster, 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 Shannon Foster 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)(b)(ii) of the Criminal Assets Recovery Act 1990 Birgitta Karina Inglis shall be examined on oath before a Registrar of the Court concerning the affairs of Shannon Foster, including the nature and location of any property in which Shannon Foster has an interest. 4. Leave is granted to the Plaintiff to obtain from the Registry dates for the examination 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 Shannon Foster in the property specified in Schedule Two hereto. 6. Pursuant to section 12(1)(c1) of the Criminal Assets Recovery Act 1990 Shannon Foster shall furnish to the Plaintiff, within twenty one (21) days after service of a sealed copy of these orders on Shannon Foster, a statement verified by oath of Shannon Foster setting out the particulars sought in Schedule Four hereto. 7. Liberty is granted to the Plaintiff and Shannon Foster 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 13 May 2024. 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 The whole of the property described as Lot 10 in Deposited Plan 751361, Local Government Area Clarence Valley, Parish of Chapman, County of Clarence and Lot 1 in Deposited Plan 1159831, Local Government Area Clarence Valley, Parish of Chapman, County of Clarence, Locality of Fortis Creek, collectively also known as 310 Greberts Road, Whiteman Creek NSW 2460 and registered in the name of Shannon Foster as sole owner. SCHEDULE TWO 2015 Holden VFP/13 with NSW registration DB75LF and registered in the name of Shannon Foster. SCHEDULE THREE 1. 2019 Stonegate HT 85-HD Box Trailer with NSW registration TG43MO and registered in the name Shannon Foster. 2. 2001 Nissan Y61 Wagon with NSW registration CW66FJ and registered in the name Shannon Foster. 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 LAW – proceeds of crime – restraining orders Legislation Cited: Criminal Assets Recovery Act 1990 (NSW) ss 4, 6, 10A, 10B, 10C, 22, 27, 28A Drug Misuse and Trafficking Act 1985 (NSW) ss 23, 25 Cases Cited: Nil Texts Cited: Nil Category: Procedural rulings Parties: New South Wales Crime Commission (Plaintiff) Shannon Foster (Defendant) Representation: Counsel: S Askew - Ex parte (Plaintiff)