Application of the New South Wales Crime Commission [2024] NSWSC 795

Supreme Court New South Wales

Medium Neutral Citation: Application of the New South Wales Crime Commission [2024] NSWSC 795 Hearing dates: 20 June 2024 Date of orders: 20 June 2024 Decision date: 20 June 2024 Jurisdiction: Common Law Before: Davies J Decision: (1) Pursuant to section 33(2) of the Criminal Assets Recovery Act 1990 ("the Act"), the Proper Officer of Zahr & Zahr Lawyers Pty Ltd of Suite 1, Level 1, 21-25 King Street, Rockdale NSW 2216 produce to the person named in Schedule One hereto at the time and place specified in Schedule Two hereto in respect of the period 1 January 2020 to the date of this order, any original document, duplicate or copy document, in the possession or control of the Proper Officer of Zahr & Zahr Lawyers Pty Ltd of Suite 1, Level 1, 21-25 King Street including the documents described in Schedule Four hereto, relevant to: (a) identifying, locating or quantifying any interest in property (within the meaning of "interest in property" as defined in section 7 of the Act) of the person named in Schedule Three hereto; and (b) identifying or locating any document necessary for the transfer of an interest in property (within the meaning of "interest in property" as defined in section 7 of the Act) of the person named in Schedule Three hereto. SCHEDULE ONE Name of authorised officer: Min Xia Huang SCHEDULE TWO Time: Between 9 am and 4 pm Date: on or before 19 July 2024 Place: 453-463 Kent Street, Sydney SCHEDULE THREE Name of person: Rabeeh Mawas Date of birth: 1 March 1977 Address of person: 36 Longstaff Avenue, Chipping Norton NSW 2170 SCHEDULE FOUR All documents relating to the person specified in Schedule Three above ("Mawas") including but not limited to: (a) documents relating to title to real or personal property or the transfer or lease of or other dealings in any interest in such property; (b) documents relating to all transactions for or with or on behalf of Mawas including documents relating to all monies received from or on behalf of or paid to or on behalf of Mawas; (c) documents relating to the lease or transfer of any business in which Mawas has an interest; (d) financial records, including balance sheets; (e) testamentary documents, powers of Attorney and documents relating to trusts; (f) applications for accounts, credit cards, loans and finance; (g) notes, correspondence and working papers; and (h) documents relating to loan agreements, including loan repayment schedules. In this Schedule "document" means any record of information and includes: (a) anything on which there is writing; or (b) anything on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; or (c) anything from which sounds, images, or writings can be produced with or without the aid of anything else (e.g. video and audio tapes and computer disks); or (d) a map, plan, drawing or photograph. Catchwords: CRIMINAL LAW – proceeds of crime – production of documents – where proper officer suspects person engaged in serious crime – suspicion reasonably held – production order made Legislation Cited: Crimes Act 1900 (NSW) s 193B Criminal Assets Recovery Act 1990 (NSW) ss 4, 6, 33 Drug Misuse and Trafficking Act 1985 (NSW) s 25 Cases Cited: Nil Texts Cited: Nil Category: Procedural rulings Parties: New South Wales Crime Commission (Plaintiff) Representation: Counsel: G Akle – ex parte (Plaintiff)