New South Wales Crime Commission v Bonaccorso [2010] NSWSC 876

Reported Decision : 203 A Crim R 109

New South Wales Supreme Court

CITATION : New South Wales Crime Commission v Bonaccorso [2010] NSWSC 876

HEARING DATE(S) : 28 July 2010

JUDGMENT DATE : 12 August 2010

JURISDICTION : COMMON LAW

JUDGMENT OF : Davies J

DECISION : (1) The examination of the Applicant is stayed until the determination of the Court of Appeal in the appeal brought by the Defendant. (2) I order the Applicant to pay the costs of the Motion. (3) I order the Applicant to pay the costs of the Plaintiff thrown away by reason of the examination of the Applicant not proceeding on 29 July 2010 on an indemnity basis.

CATCHWORDS : CRIMINAL LAW - procedure - confiscation of proceeds of crime - restraining or freezing orders - ancillary order for attendance by third party for examination - Notice of Motion seeking examination not served on third party - whether obligation to serve - whether examination order should be set aside for failure to serve - standing of third party to apply for discharge of examination order - related criminal charges against both Defendant and third party - whether examination should be stayed.

Civil Procedure Act 2005 Crimes Act 1900 Crimes Act 1914 (Cth) Criminal Assets Recovery Act 1990 LEGISLATION CITED : Criminal Code Act 1995 (Cth) Income Tax Assessment Act 1936 (Cth) Judiciary Act 1983 (Cth) Taxation Administration Act 1953 (Cth) Uniform Civil Procedure Rules

CATEGORY : Procedural and other rulings

Chaina v Alvaro Homes Pty Ltd [2008] NSWCA 353 Commissioner of Police v Tanos (1958) 98 CLR 383 Hardie Rubber Co Pty Limited v General Tire & Rubber Co (1973) 129 CLR 521 CASES CITED : International Finance Trust Co Ltd v New South Wales Crime Commission [2009] HCA 49 Lisafa Holdings Pty Ltd v Commissioner of Police (1988) 15 NSWLR 1 Oshlack v Richmond River Council (1998) 193 CLR Pickles v Gratzon (2002) 55 NSWLR 533 SS Kalibia v Wilson (1910) 11 CLR 689