NSW Crime Commission v Field [2004] NSWSC 1051

New South Wales Supreme Court

CITATION : NSW Crime Commission v Field [2004] NSWSC 1051 HEARING DATE(S) : 10/9/04 JUDGMENT DATE : 10 November 2004

JUDGMENT OF : Bell J at 1 DECISION : The plaintiff has liberty to approach the Registrar to obtain a date for the examination on oath of the respondent pursuant to the order made by Simpson J on 4 July 2001.

LEGISLATION CITED : Crimes (Sentencing) Procedure Act 1999 Criminal Assets Recovery Act 1990 CASES CITED : Williams v Spautz (1991-1992) 174 CLR 509 Wood v Galea (unreported) NSWSC 24 April 1997 PARTIES : NSW Crime Commission (Plaintiff) Malcolm Gordon Field (Defendant) FILE NUMBER(S) : SC 11852/01 COUNSEL : I. Temby QC (Plaintiff) G. Ikners (Defendant) SOLICITORS : NSW Crime Commission (Plaintiff) Hardinlaw, Lawyers (Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

BELL J

Wednesday 10 November 2004

11852/01 New South Wales Crime Commission v Malcolm Gordon FIELD

JUDGMENT 1 BELL J: The applicant, the New South Wales Crime Commission, moved on notice for orders that it be granted liberty to approach the Registrar to set an early date for the examination on oath of the respondent pursuant to s 12(1) of the Criminal Assets Recovery Act 1990 (the Act) in accordance with the order made by the Court on 4 July 2001. In the alternative, it sought an order pursuant to s 12(1) of the Act that the respondent be examined on oath before a registrar of the Court concerning the affairs of named persons and entities.

2 The history of the matter is set out in the affidavit of Mark William Standen, which was sworn on 3 September 2004.