NSW Crime Commission v Greer [2000] NSWSC 363

Reported Decision : 112 A Crim R 461

New South Wales Supreme Court

CITATION : NSW Crime Commission v Greer [2000] NSWSC 363 CURRENT JURISDICTION: Common Law FILE NUMBER(S) : SC 12036/98 HEARING DATE(S) : 6 December 1999 JUDGMENT DATE : 5 May 2000

PARTIES : New South Wales Crime Commission (Applicant) Myra Frances GREER and Anor (Respondents) JUDGMENT OF : Simpson J at 1

COUNSEL : Mr P Singleton (Applicant) Mr D Fitzgibbon (Respondent) SOLICITORS : John M Giorgiutti (Applicant) Wayne Levick & Associates (Respondent) LEGISLATION CITED : Criminal Assets Recovery Act 1990 DECISION : Notice of motion summarily dismissed.

THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

SIMPSON J

Friday 5 May 2000

12036/98 NEW SOUTH WALES CRIME COMMISSION v Myra Frances GREER and ANOR Judgment

HER HONOUR : 1 This is an application, by the NSW Crime Commission ("the Crime Commission"), for summary dismissal of the notice of motion filed on 8 November 1999 on behalf of Mr George Greer in proceedings to which he is not a party. The question at issue concerns Mr Greer's standing to make the application contained in the notice of motion. The principal proceedings were initiated under the Criminal Assets Recovery Act 1990 ("the Act"). It is necessary to outline certain of the specific provisions of the Act.

The Legislation 2 By s 10 the Crime Commission may apply to this court for, and if certain conditions are satisfied the court is obliged to make, a restraining order in respect of specified interests in property. By s 22, where a restraining order is in force, the Crime Commission may apply for an assets forfeiture order, the effect of which is to forfeit to the Crown and vest in the Public Trustee the property specified in the order. 3 By s 22 (3) an assets forfeiture order is required to specify the interests in property to which it relates. Sub s (9) requires that notice of the application be given to "a person to whom the application relates" and confers on that person an entitlement person to appear and adduce evidence at the hearing of the application. By s 25 a person whose interest in property is the subject of an application for an assets forfeiture order, or is the subject of an assets forfeiture order, may apply for an exclusion order, the effect of which is to exclude the interest of that person from the operation of the assets forfeiture order. Sub s (4) imposes a time limit of six months from the date of the assets forfeiture order for the making of an exclusion application, but allows for an extension of time in the case of a person who was not given notice of the proceedings.