New South Wales Crime Commission v Tillott [2014] NSWSC 646

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Tillott [2014] NSWSC 646 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: Crimes Act 1900 (NSW) Criminal Assets Recovery Act 1990 (NSW) Category: Procedural and other rulings Parties: New South Wales Crime Commission (Plaintiff) Jason David Tillott (Defendant) Representation: Solicitors: Ms A Miranda New South Wales Crime Commission (Plaintiff) File Number(s): 2006/260861 Publication restriction: None

EX TEMPORE Judgment 1The proceedings were commenced by summons in February 2006, supported by an affidavit sworn by Mr Spark, the NSW Crime Commission's Assistant Director, Financial Investigations, who deposed to his suspicions that the defendant Jason David Tillot had engaged in a serious crime related activity, namely demanding property with intent to steal contrary to s 99(1) of the Crimes Act 1900 (NSW), for reasons there explained. 2In February 2006 restraining and other orders were made by James J under s 10 and s 27 of the Criminal Assets Recovery Act 1990 (NSW), in respect of Mr Tillott's interests in certain property. 3The parties now ask the Court to make a further order dismissing the application for a proceeds assessment order by consent, Mr Tillot having warranted that his only interests in property as at the date of signing the orders were those specified in the schedule to the order. 4Having 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. 5Accordingly, I make orders in the terms sought, with the result that the restraining order no longer remains in force and the proceeding are brought to an end.