NSW Crime Commission v Shane John Meads [2010] NSWSC 1145

New South Wales Supreme Court

CITATION : NSW Crime Commission v Shane John Meads [2010] NSWSC 1145

HEARING DATE(S) : 14 September 2010

JUDGMENT DATE : 11 October 2010

JUDGMENT OF : Garling J

DECISION : Grant restraining and ancillary orders sought. Decline to give reasons.

CATCHWORDS : CRIMINAL LAW - Confiscation of criminal proceeds - Restraining orders - Ancillary orders - Necessity for reasons - New statutory regime for applications to set aside restraining orders.

Criminal Assets Recovery Act 1990 LEGISLATION CITED : Criminal Assets Recovery Amendment Act 2009 Drug Misuse & Trafficking Act 1990 Evidence Act 1995

CATEGORY : Procedural and other rulings

Geoffrey W. Hill & Associates v King (1992) 27 NSWLR 228 International Finance Trust Company Limited v NSW Crime Commission [2008] NSWCA 291 CASES CITED : International Finance Trust Company Limited v NSW Crime Commission (2009) 240 CLR 319 NSW Crime Commission v John Sant (unreported, NSWSC, 9 July 2010) NSW Crime Commission v Hakan Arif (unreported, NSWSC, 22 June 2010)

PARTIES : NSW Crime Commission (P) Shane John Meads (D)

FILE NUMBER(S) : SC 2010/306629

COUNSEL : (P) Alexandra Bishop (D) Ex parte

SOLICITORS : (P) NSW Crime Commission (D) Ex parte

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

GARLING J

MONDAY, 11 OCTOBER 2010

2010/306629 NSW CRIME COMMISSION v SHANE JOHN MEADS

JUDGMENT

1 HIS HONOUR: On 14 September 2010, the NSW Crime Commission made an application, ex parte, for a restraining order, pursuant to s 10A of the Criminal Assets Recovery Act 1990, in respect of any interest in the specified property of Shane John Meads. The NSW Crime Commission also sought a number of ancillary orders. 2 The restraining order sought was in respect of five nominated bank accounts with the Australia & New Zealand Group Limited which were either in the name of Shane Meads or else in company names for which he was a signatory.