New South Wales Crime Commission v Osman [2014] NSWSC 312

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Osman [2014] NSWSC 312 Hearing dates: 21 March 2014 Decision date: 21 March 2014 Jurisdiction: Common Law Before: Davies J Decision: 1. Pursuant to Rule 6.24 of the Uniform Civil Procedure Rules 2005 Mohammed Osman (also known as Mohammad Osmankerim) be joined as the Second Defendant to these proceedings. 2. Pursuant to section 10A of the Criminal Assets Recovery Act 1990 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 any interest in property (within the meaning of "interest in property" as defined in section 7 of the Criminal Assets Recovery Act 1990) of Mohammed Osman (also known as Mohammad Osmankerim), including the interest in property in the property described in Schedule One and Schedule Two hereto. 3. Pursuant to section 10A of the Criminal Assets Recovery Act 1990 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 the interest in property (within the meaning of "interest in property" as defined in section 7 of the Criminal Assets Recovery Act 1990) of Tony Osman in property in the property described in Schedule One hereto. 4. Pursuant to section 12(1) of the Criminal Assets Recovery Act 1990 the following persons be examined on oath before a Registrar of the Court concerning their own affairs and the affairs of each other, including the nature and location of any property in which any of them have an interest: (a) Mohammed Osman (also known as Mohammad Osmankerim); and (b) Tony Osman. 5. Leave is granted to the Plaintiff to obtain from the Registry dates for the examinations ordered in order 4 above. 6. Pursuant to section 12(1)(c1) of the Criminal Assets Recovery Act 1990 Mohammed Osman (also known as Mohammad Osmankerim) furnish to the Plaintiff, within twenty one (21) days after service of a sealed copy of these orders on Mohammed Osman (also known as Mohammad Osmankerim), a statement verified by oath of Mohammed Osman (also known as Mohammad Osmankerim) setting out the particulars sought in Schedule Three hereto. 7. Pursuant to section 12(1)(c1) of the Criminal Assets Recovery Act 1990 Tony Osman furnish to the Plaintiff, within twenty one (21) days after service of a sealed copy of these orders on Tony Osman, a statement verified by oath of Tony Osman setting out the particulars sought in paragraphs 1 and 2 of Schedule Three hereto. 8. Pursuant to section 10B(2) of the Criminal Assets Recovery Act 1990 the New South Wales Trustee and Guardian shall take control of all the interests of: (c) Tony Osman and Mohammed Osman (also known as Mohammad Osmankerim) in the property specified in Schedule One hereto; and (d) Mohammed Osman (also known as Mohammad Osmankerim) in the property specified in Schedule Two hereto. 9. Leave is granted to the Plaintiff to amend its Summons, filed 17 February 2014, to seek an order pursuant to section 28A of the Criminal Assets Recovery Act 1990 that Mohammed Osman (also known as Mohammad Osmankerim) pay to the Treasurer an amount assessed by the Court as the value of the unexplained wealth of Mohammed Osman (also known as Mohammad Osmankerim). 10. Liberty is granted to the Plaintiff, Mohammed Osman (also known as Mohammad Osmankerim) and Tony Osman to apply on three (3) days' notice. 11. The costs of obtaining these orders shall be costs in the cause. 12. 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. SCHEDULE ONE 2013 Audi Q5 station wagon, registration number NBP46W and registered in the name of Tony Osman. SCHEDULE TWO The amount of approximately $51,100 cash seized by New South Wales Police on 24 October 2013 from 31 Freeman Street, Lalor Park in New South Wales, located in the wardrobe of Mohammed Osman's bedroom. SCHEDULE THREE 1. Provide full particulars of the nature and extent of all your interests in property (within the meaning of "interest in property" as defined in section 7 of the Criminal Assets Recovery Act 1990), including in relation to each item of property: (a) a full description of your interest in the property, including the nature of that interest and, where possible, the estimated value, or in the case of bank accounts or deposits - the estimated balance, of that interest; (b) the location of the interest; (c) the name of the person or institution in whose custody title documents in respect of the interest are believed to be; (d) the approximate date of acquisition of the interest; (e) the source of funds used to acquire the interest. 2. Provide full particulars of your liabilities on both a capital and recurring basis, including, in relation to each liability: (a) a full description of the liability including the nature of that liability and the amount of that liability; (b) the name of the person or institution to which the liability is owed. 3. Provide full particulars of the source of the monies specified in Schedule Two herein. Catchwords: CRIMINAL LAW - proceeds of crime - restraining orders - serious crime derived property - proceeds of serious crime-related activity Legislation Cited: Criminal Assets Recovery Act 1990 Drug Misuse and Trafficking Act 1985 Uniform Civil Procedure Rules 2005 Category: Interlocutory applications Parties: New South Wales Crime Commission (Plaintiff) Tony Osman (First Defendant) Mohammed Osman (aka Mohammad Osmankerim) (Second Defendant) Representation: Counsel: E Goh (Plaintiff) No appearance (Defendants) Solicitors: New South Wales Crime Commission (Plaintiff) No appearance (Defendants) File Number(s): 2014/29590