NSW Crime Commission v White [2013] NSWSC 1090

Supreme Court New South Wales

Medium Neutral Citation: NSW Crime Commission v White [2013] NSWSC 1090 Hearing dates: In chambers, 12 August 2013 Decision date: 12 August 2013 Before: Adamson J Decision: 1. Pursuant to section 10A of the Criminal Assets Recovery Act 1990 (the Act) no person (other than any registered mortgagee dealing with its right to do so under the registered mortgage) is to dispose of, or attempt to dispose of, or otherwise deal with or attempt to otherwise deal with all of the interest in property (within the meaning of "interest in property" as defined in section 7 of the Act) of Rodney Boyd White, including in the property specified in Schedule One hereto. 2. Pursuant to section 12(1)(b)(i) of the Act Rodney Boyd White shall be examined on oath before a Registrar of the Court concerning his affairs, including the nature and location of any property in which he has an interest. 3. Leave is granted to the Plaintiff to obtain from the Registry dates for the examination ordered in Order 2 above. 4. Pursuant to section 10B(2) of the Act the New South Wales Trustee and Guardian shall take control of all the interests of Rodney Boyd White in the property specified in Schedule One hereto. 5. Pursuant to section 12(1)(c1) of the Act Rodney Boyd White shall furnish to the Plaintiff, within twenty one (21) days after service of a sealed copy of these orders on Rodney Boyd White, a statement verified by oath of Rodney Boyd White setting out the particulars sought in Schedule Two hereto. 6. Liberty is granted to the Plaintiff and Rodney Boyd White to apply on three (3) days' notice. 7. The costs of obtaining these orders shall be costs in the cause. 8. Pursuant to Rule 36.4(1)(a) of the Uniform Civil Procedure Rules 2005 these orders are to take effect as of the date hereof. Catchwords: CRIMINAL LAW - application for criminal assets restraining order and associated orders Legislation Cited: - Criminal Assets Recovery Act 1990, s 7, s 10A, s 10B, s 12, s 22 - Crimes Act 1900, s 18(1) Cases Cited: - George v Rockett [1990] HCA 26; 170 CLR 104 Category: Interlocutory applications Parties: New South Wales Crime Commission (Plaintiff) Rodney Boyd White (Defendant) Representation: R Katrib (Sol) (Plaintiff) New South Wales Crime Commission (Plaintiff) File Number(s): 2013/244469