New South Wales Crime Commission v Elhassan [2014] NSWSC 924

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Elhassan [2014] NSWSC 924 Hearing dates: 10 July 2014 Decision date: 10 July 2014 Jurisdiction: Common Law Before: Davies J Decision: 1. 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 Marouf Elhassan, including the interest in property in the property specified in Schedule One hereto, but excluding the interest in property in the property specified in Schedule Two hereto. 2. Pursuant to section 12(1)(b)(i) of the Criminal Assets Recovery Act 1990 Marouf Elhassan 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 Plaintif to obtain from the Registry dates for the examination ordered in Order 2 above. 4. Pursuant to section 12(1)(c1) of the Criminal Assets Recovery Act 1990 Marouf Elhassan shall furnish to the Plaintif, within twenty one (21) days after service of a sealed copy of these orders on Marouf Elhassan, a statement verified by oath of Marouf Elhassan setting out the particulars sought in Schedule Three hereto. 5. Liberty is granted to the Plaintif and Marouf Elhassan to apply on three (3) days' notice. 6. The costs of obtaining these orders shall be costs in the cause. 7. 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 1. The whole of the property described as Lot 3 in Strata Plan 77472, Locality of Leichhardt also known as Unit 3/11-15 Renwick Street, Leichhardt NSW 2040 and registered in the name of Marouf Elhassan. 2. 2011 Ford Falcon sedan with registration number CQV20P and registered in the name of Marouf Elhassan. SCHEDULE TWO Cash in the amount of approximately $88,000 seized by New South Wales Police during the execution of a search warrant at 92 Harslett Crescent, Beverly Park New South Wales and held by the New South Wales Police Force. 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 - proceeds assessment order - restraining order Legislation Cited: Criminal Assets Recovery Act 1990 (NSW) Drug Misuse and Trafficking Act 1985 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Category: Interlocutory applications Parties: New South Wales Crime Commission (Plaintiff) Marouf Elhassan (Defendant) Representation: Counsel: E Goh (Plaintiff) No appearance (Defendant) Solicitors: New South Wales Crime Commission (Plaintiff) No appearance (Defendant) File Number(s): 2014/204184