New South Wales Crime Commission v Cassar (No 2) [2013] NSWSC 1011

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Cassar (No 2) [2013] NSWSC 1011 Hearing dates: 17 May 2013 Decision date: 31 July 2013 Before: Rothman J Decision: (1)An order pursuant to s 31A of the Criminal Assets Recovery Act 1990 forfeiting to, and vesting in, the Crown the interests in property of Charles Michael Cassar (also known as Charlie Cassar and Carmel Cassar), the First Defendant and Respondent to the motion, being: (a)Funds in UBS Bank, Zurich, Switzerland account number 0206-388418 in the name of Carmel Cassar; (b)Funds in UBS Bank, Zurich, Switzerland account number 0206-00890925 in the name of Golden Jumami Foundation. (2)The Respondent shall pay the Applicant's costs of and incidental to the motion, as agreed or assessed. (3)Liberty is granted to the Applicant and the Respondent to apply on 3 days' notice. Catchwords: CONFISCATION OF CRIMINAL ASSETS - warranty - whether personal warranty necessary - whether actual or apparent authority of agent to give warranty sufficient - whether, as a fact, authority existed Legislation Cited: Criminal Assets Recovery Act 1990 Foreign Evidence Act 1994 (Cth) Cases Cited: New South Wales Crime Commission v Cassar [2012] NSWSC 1170 Category: Principal judgment Parties: New South Wales Crime Commission (Applicant) Charles Michael Cassar (Respondent) Representation: Counsel: I D Temby QC (Applicant) P Skinner / T Watts (Respondent) Solicitors: New South Wales Crime Commission (Applicant) Burston Cole & Associates (Respondent) File Number(s): 2007/264589 Publication restriction: None