New South Wales Crime Commission v Tyas [2014] NSWSC 644

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Tyas [2014] NSWSC 644 Hearing dates: 20 May 2014 Decision date: 20 May 2014 Before: Schmidt J Decision: Consent orders made Catchwords: CRIMINAL LAW - procedure - Criminal Assets Recovery Act 1990 (NSW) - consent orders Legislation Cited: Civil Procedure Act 2005 (NSW) Crimes Act 1900 (NSW) Criminal Assets Recovery Act 1990 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Cases Cited: New South Wales Crime Commission v Tyas (Supreme Court of New South Wales, Kirby J, 27 May 2009, unreported) Category: Procedural and other rulings Parties: New South Wales Crime Commission (Plaintiff) Rodney John Tyas (Defendant) Representation: Ms A Miranda New South Wales Crime Commission (Plaintiff) File Number(s): 2009/294524 Publication restriction: None

EX TEMPORE Judgment 1These proceedings were commenced by summons in May 2009, supported by an affidavit sworn by Mr Spark, the NSW Crime Commission's then Assistant Director, Financial Investigations, who deposed to his suspicions that the defendant Rodney John Tyas, had engaged in serious crime related activities, namely cultivating by enhanced indoor means, prohibited drugs, namely cannabis and supplying cannabis contrary to s 23(2)(a) and s 25(1) of the Drug Misuse and Trafficking Act 1985 (NSW), respectively, as well as knowingly dealing in the proceeds of crime, contrary to s 193B of the Crimes Act 1900 (NSW), for reasons there explained. 2On 22 May 2009, Kirby J made restraining and other orders under s 10 and 12 of the Criminal Assets Recovery Act 1990 (NSW), in respect of Mr Tyas' interests in certain property (see New South Wales Crime Commission v Tyas (Supreme Court of New South Wales, 27 May 2009, unreported). 3In January 2012, Gzell J made further orders by consent under s 27 of the Criminal Assets Recovery Act and s 101 of the Civil Procedure Act 2005 (NSW) as to interest. 4The parties now ask the Court to make further orders by consent, varying the restraining order to permit further satisfaction of the proceeds assessment order to be given, by sale of a property. 5Having considered the terms of the order sought and the circumstances in which they are pursued, I am satisfied that the Court's discretion should be exercised in the terms which the parties have agreed. 6Accordingly, I make orders in the terms sought.