New South Wales Crime Commission v Paul Dimitrios Delgiannis [2002] NSWSC 106

New South Wales Supreme Court

CITATION : New South Wales Crime Commission v Paul Dimitrios Delgiannis [2002] NSWSC 106 CURRENT JURISDICTION: Supreme Court of New South Wales FILE NUMBER(S) : SC 12861/00 HEARING DATE(S) : 11 and 12 February 2002 JUDGMENT DATE : 12 February 2002

PARTIES : New South Wales Crime Commission Paul Dimitrios Delgiannis aka Paul Apostolis D Delgiannis JUDGMENT OF : Sully J at 1

COUNSEL : I Temby QC - Plaintiff M. Crowley - Defendant SOLICITORS : S. E. O'Connor - Plaintiff Freeman Solicitors - Defendant LEGISLATION CITED : Criminal Assets Recovery Act 1990 (NSW) DECISION : Adjournment refused. Assets forfeiture order made. Relevant sections of the Criminal Assets Recovery Act 1990 discussed.

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION/

SULLY J

Tuesday 12 February 2002

12861/00 – NEW SOUTH WALES CRIME COMMISSION v PAUL DIMITRIOS DELGIANNIS AKA PAUL APOSTOLIS D DELGIANNIS

JUDGMENT

1 HIS HONOUR: By notice of motion for summary judgment filed 4 December 2001 the New South Wales Crime Commission, as plaintiff, seeks against Mr Paul Dimitrios Delgiannis, as defendant, the making of an assets forfeiture order of the kind contemplated by relevantly s 22 of the Criminal Assets Recovery Act 1990 (New South Wales) (the "Act"). 2 S 22 provides as follows: "22 making of assets forfeiture order (1) If a restraining order is in force under Part 2, the Commission may apply to the Supreme Court for an order forfeiting to, and vesting in, the Crown all or any of the interests in property that are subject to the restraining order when the assets forfeiture order takes effect.