New South Wales Crime Commission v Ollis [2006] NSWCA 76

Reported Decision : 161 A Crim R 97 (2006) 65 NSWLR 478

New South Wales Court of Appeal

CITATION: New South Wales Crime Commission v Ollis [2006] NSWCA 76

HEARING DATE(S): 8 March 2006

JUDGMENT DATE: 11 April 2006

JUDGMENT OF: Mason P at 1; Giles JA at 2; Basten JA at 42

DECISION: 1. Answer 'no' the question - Whether a single judge of the Court has power to order that -; (a) orders 2, 3 4, 5, 6 and 7 of the orders made in this Court in these proceedings on 19 January 2006 be varied by the addition in each case at the end of the Order of the words 'pending a hearing as to the existence of a reasonable suspicion within the meaning of section 10 of the Criminal Assets Recovery Act 1990 ("the Act") as at the date of such hearing that the property described in those Schedules is serious crime derived property within the meaning of section 9 of the Act'; (b) order 5 of the orders made on 19 January 2006 be varied by the deletion of the word "Nineteen" so that the concluding words of the order read: "… in the property described in Schedules Eighteen and Twenty hereto"; and; (c) the orders sought in paragraph 7 of the Amended Notice of Motion dated 13 February 2006 be made; 2. The balance of the proceedings remitted to the Common Law Division; 3. Defendants pay the Commission's costs in this Court.

CATCHWORDS: STATUTORY INTERPRETATION – Criminal Assets Recovery Act 1990 (NSW) – consideration of statutory scheme – restraining order made under s10 – power to make ancillary orders under s12 – whether power under s12 extends to reconsideration of the basis of the restraining order – consideration of the ability to apply for exclusion order under s25

Criminal Assets Recovery Act 1990 (NSW), s4, s6, s7, s9, s10, s11, s12, s13, s22, s23, s25, s27 Licensing Ordinance 1939 (NT) LEGISLATION CITED: Proceeds of Crime Act 1987 (Cth), s48 Supreme Court Act 1970 (NSW), s51 Telecommunications (Interception) Act 1979 (Cth) Uniform Civil Procedure Rules 2005