New South Wales Crime Commission v Dykyj [2013] NSWSC 2031

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Dykyj [2013] NSWSC 2031 Hearing dates: 9 & 12 December 2013 Decision date: 12 December 2013 Jurisdiction: Common Law Before: Davies J Decision: 1. Leave is granted to the Plaintiff to amend its summons, filed in this proceeding on 30 August 2011, to seek an order pursuant to section 22 of the Criminal Assets Recovery Act 1990 ("the Act") that the interest in property of Jarome Dykyj ("the Defendant") in the property specified in the Schedule hereto (being an interest in property of a person, namely the Defendant, suspected by Jonathan Lee Spark, an authorised officer for the purposes of the Act, of having been engaged in serious crime related activity) be forfeited to, and vest in, the Crown. 2. Pursuant to Rule 13.1 of the Uniform Civil Procedure Rules 2005 ("UCPR") judgment be given for the Plaintiff on its claim for an order pursuant to section 22 of the Act. 3. Pursuant to Rule 13.1 of the UCPR judgment be given for the Plaintiff on its claim for an order pursuant to section 27 of the Act that the Defendant pay to the Treasurer an amount assessed by the Court as the value of the proceeds derived from the illegal activity of the Defendant that took place not more than six (6) years before the making of the application for the proceeds assessment order. 4. The Defendant pay the costs of this application. 5. Leave is granted to the Defendant pursuant to sections 25(4)(a) and 26(4)(a) of the Act to make application for exclusion orders on or before Thursday, 12 June 2014. SCHEDULE 1. The whole of the property described as Lot 88 in Deposited Plan 238573 at Mt. Druitt, Local Government Area of Blacktown, Parish of Rooty Hill, County of Cumberland, also known as 58 Vincennes Avenue, Tregear, New South Wales and registered in the name of Jarome Dykyj. 2. The whole of the property described as Lot 326 in Deposited Plan 31990 at St Marys, Local Government Area of Penrith, Parish of Rooty Hill, County of Cumberland, also known as 7 Poplar Street, North St Marys, New South Wales and registered in the name of Jarome Dykyj. 3. The whole of the property described as Lot 32 in Deposited Plan 215243 at St. Marys, Local Government Area of Penrith, Parish of Rooty Hill, County of Cumberland, also known as 115 Maple Road, North St Marys, New South Wales, and registered in the name of Jarome Dykyj. 4. The whole of the property described as Lot 279 in Deposited Plan 215243 at St Marys, Local Government Area of Penrith, Parish of Rooty Hill, County of Cumberland, also known as 74 Jackaranda Road, North St Marys, New South Wales, and registered in the name of Jarome Dykyj. 5. The whole of the property described as Lot 14 in deposited Plan 734780 at Swanhaven, Local Government Area of Shoalhaven, Parish of Farnham, County of St Vincent, also known as 15 Justfield Drive, Sussex Inlet, New South Wales, and registered in the name of Jarome Dykyj. 6. The whole of the property described as Lot 484 in Deposited Plan 221442 at Kingswood, Local Government Area of Penrith, Parish of Castlereagh, County of Cumberland, also known as 25 Caloola Avenue, Penrith, New South Wales, and registered in the name of Jarome Dykyj. 7. 1928 Chevrolet Sedan, NSW Registration number CHV28R, and registered in the name of Jarome Dykyj. 8. 1983 Mazda Van, NSW Registration number BK06QZ, and registered in the name of Jarome Dykyj. 9. 2009 Holden Utility, NSW Registration BB06AW, and registered in the name of Jarome Dykyj. 10. Funds held in a St George Bank (a division of Westpac Banking Corporation) Power Saver account number 0052217113, and held in the name of Jarome Dykyj. 11. Funds held in a St George Bank (a division of Westpac Banking Corporation) Complete Freedom account number 0466535592, and held in the name of Jarome Dykyj. Catchwords: CRIMINAL LAW - proceeds of crime - proceeds assessment order - application for adjournment by defendant - no defence to order Legislation Cited: Criminal Assets Recovery Act 1990 Drug Misuse and Trafficking Act 1985 Uniform Civil Procedure Rules Category: Interlocutory applications Parties: New South Wales Crime Commission (Plaintiff) Jarome Dykyj (Defendant) Representation: Counsel: I Temby QC (Plaintiff) In person (Defendant) Solicitors: New South Wales Crime Commission (Plaintiff) In person (Defendant) File Number(s): 2011/280910)