Application of the New South Wales Crime Commission [2024] NSWSC 796

Supreme Court New South Wales

Medium Neutral Citation: Application of the New South Wales Crime Commission [2024] NSWSC 796 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 John Stonham and Co Lawyers A.B.N. 69 490 937 684 at 110 Queen Street, Campbelltown NSW 2560 produce to the person named in Schedule One hereto at the time and place specified in Schedule Two hereto in respect of any original document, duplicate or copy document, in the possession or control of the Proper Officer of John Stonham and Co Lawyers A.B.N. 69 490 937 684 at 110 Queen Street, Campbelltown NSW 2560 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: Lee Clough SCHEDULE TWO Time: Between 9 am and 4 pm Date: on or before 18 July 2024 Place: 453-463 Kent Street, Sydney SCHEDULE THREE Name of person: David Wayne Anderson Date of birth: 8 July 1981 Address of person: 140 The Grand Circuit, Orangeville, NSW 2570 Name of person: Lisa- Ann Anderson, also known as Lisa Crooks, Lisa- Ann Taylor Date of birth: 27 April 1987 Address of person: 140 The Grand Circuit, Orangeville, NSW 2570 SCHEDULE FOUR Conveyancing documents relating to: 1. The persons mentioned in Schedule Three; and 2. The purchase 9 Russell Street, Oran Park NSW 2570 (title reference 2217/1205513) by Lisa-Ann Anderson with settlement occurring on or around 12 December 2016. Including but not limited to: Identification documents; (a) Copies of contracts for sale; (b) Copies of settlement adjustment sheets and cheque directions; (c) Copies of cheques or other records of payments made by, or on behalf of, the purchaser; (d) Copies of trust accounting records relating to transactions made by, or on behalf of the purchaser; (e) Copies of applications or other forms completed by, or on behalf of, the purchaser; (f) Testamentary documents, powers of Attorney and documents relating to trusts; and (g) Notes, correspondence and working papers. 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 defendant engaged in serious crime – suspicion reasonably held – production order made Legislation Cited: Crime Commission Act 2012 (NSW) s 29 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)