New South Wales Crime Commission v John Bazi [2009] NSWSC 88

New South Wales Supreme Court

CITATION : New South Wales Crime Commission v John Bazi [2009] NSWSC 88

HEARING DATE(S) : 23 October 2008

JUDGMENT DATE : 3 March 2009

JURISDICTION : Common Law

JUDGMENT OF : Hislop J at 1

DECISION : See paragraph [45] of the judgment.

CATCHWORDS : Criminal Assets Recovery Act 1990 – reasonable legal expenses – restraining order.

Civil Procedure Act 2005 LEGISLATION CITED : Criminal Assets Recovery Act, 1990 New South Wales Crime Commission Act 1985 Uniform Civil Procedure Rules 2005

CATEGORY : Procedural and other rulings

CASES CITED : Koala Motels Pty. Limited v. Chief Licensing Inspector (1977) 18 ALR 12 NSW Crime Commission v Ibrahim [2002] NSWSC 791

PARTIES : The New South Wales Crime Commission (Plaintiff) Johnson Bazi (Defendant)

FILE NUMBER(S) : SC 10228/06

COUNSEL : I Temby QC / R Bhalla (Plaintiff) B Clark (Defendant)

SOLICITORS : New South Wales Crime Commission (Plaintiff) Philip Sim & Associates (Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

HISLOP J

3 March 2009

10228/06 NEW SOUTH WALES CRIME COMMISSION v JOHNSON BAZI

JUDGMENT

Background 1 The plaintiff, by summons filed in this court on 17 January 2006, sought, inter alia, the following orders against the defendant: "1. An order pursuant to section 10 of the Criminal Assets Recovery Act, 1990 ["the Act"] that no person is to dispose of, or attempt to dispose of, or otherwise deal with or attempt to otherwise deal with any interest in property (within the meaning of 'interest in property' as defined in section 7 of the Criminal Assets Recovery Act 1990) of Johnson Bazi, including the interest in property in the property described in Schedule One hereto… 5. An order pursuant to s 10(4) of the Criminal Assets Recovery Act, 1990 that the Public Trustee take control of all the interest of Johnson Bazi in the property described in Schedule One hereto... 7. An order pursuant to section 27 of the Criminal Assets Recovery Act 1990 that Johnson Bazi pay to the Treasurer an amount assessed by the Court as the value of the proceeds derived from the illegal activities of Johnson Bazi that took place not more than six (6) years before the making of this application… Schedule One 1. Cash in the amount of approximately $365,000 produced to the New South Wales Crime Commission on 24 June 2005 pursuant to section 17 of the New South Wales Crime Commission Act 1985 by Travelex Limited. 2. Cash in the amount of approximately $54,000 produced to the New South Wales Crime Commission on 24 June 2005 pursuant to section 17 of the New South Wales Crime Commission Act 1985 by Travelex Limited." 2 On 17 January 2006 the orders sought in paras 1 and 5 of the summons were made. No order was made at that time in respect of the order sought in para 7 of the summons. The orders were made upon evidence the defendant was suspected of being engaged in serious crime related activity as defined in s 6 of the Act. The serious crime related activity involved offences of making and using false instruments with intent, for which offences he was convicted on 30 January 2006. 3 On 28 May 2007, upon application by the plaintiff, this court (Studdert J) made orders in the following terms: "1. I grant leave to the plaintiff to amend the summons to seek an order pursuant to s 22 of the Criminal Assets Recovery Act forfeiting to and vesting in the Crown the interests in property of Johnson Bazi in the property described in the schedule to these orders.