New South Wales Crime Commission v Gallagher [2013] NSWSC 439

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Gallagher [2013] NSWSC 439 Hearing dates: 26 April 2013 Decision date: 26 April 2013 Jurisdiction: Common Law Before: Schmidt J Decision: Consent orders made. Catchwords: CRIMINAL LAW - procedure - Criminal Assets Recovery Act 1990 - consent orders Legislation Cited: Civil Procedure Act 2005 Criminal Assets Recovery Act 1990 Category: Procedural and other rulings Parties: New South Wales Crime Commission (Plaintiff) Mark Gallagher (Defendant) Representation: Solicitors: Ms E Goh New South Wales Crime Commission (Plaintiff) Daniel Butt & Co (Defendant) File Number(s): 2013/30311 Publication restriction: None

EX TEMPORE Judgment 1In this matter, the proceedings were commenced by summons filed in Court on 18 May 2012 by which the plaintiff sought various orders including an order pursuant to s 10A of the Criminal Assets Recovery Act 1990. For reasons published by Adamson J that day, orders were made pursuant to the Act. 2Today, the parties have approached the Court seeking further orders pursuant to s 12(1) of the Act, varying the existing orders so that they do not apply to interests in property of the defendant identified in schedule 1 of the order. Additionally, that pursuant to s 27(1) of the Act the defendant pay to the treasurer the sum of $40,000. Nextly, that pursuant to section 10B(4)(b) of the Act, the interest of the defendant in the property specified in schedule 2 to the order may be sold at a price agreed to in writing by the plaintiff or that it be refinanced to enable the proceeds assessment order to be satisfied. Nextly, an order that pursuant to s 101 of the Civil Procedure Act 2005 as to interest in proceeds. 3The proposed order notes, amongst other things, that in consideration of the orders being made the defendant releases the Crown and the plaintiff, from any claim to damages in consequence of the making of restraining orders or otherwise; agrees not to make any further applications under s 10B(3) of the Act; and agrees not to appeal from or seek leave to appeal from any order made in these proceedings. 4Having considered the terms of the proposed consent orders, I am satisfied that justice dictates that the Court's discretion should be exercised in the terms that the parties have agreed and, accordingly, make orders in terms of the consent orders filed today.