New South Wales Crime Commission v Warburton [2015] NSWSC 9

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Warburton [2015] NSWSC 9 Hearing dates: 22 January 2015 Date of orders: 22 January 2015 Decision date: 22 January 2015 Jurisdiction: Common Law Before: Davies J Decision: Upon the Plaintiff giving the usual undertaking as to damages (the giving of which by its solicitor is noted) and

Considering that, having had regard to the matters contained in the affidavit of Jonathan Lee Spark sworn 21 January 2015, there are reasonable grounds for the suspicion stated therein

The Court orders:

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 otherwise to 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 Christian Paul Warburton, including his interest in the property specified in Schedule One hereto but excluding his interest in property in the property specified in Schedule Two hereto. 2.Pursuant to subparagraph 12 (1) (b) (i) of the Criminal Assets Recovery Act 1990 Christian Paul Warburton 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 Plaintiff to obtain from the Registry dates for the examination ordered in Order 2 above. 4.Pursuant to subsection 10B (2) of the Criminal Assets Recovery Act 1990 the New South Wales Trustee and Guardian shall take control of all the interest in property of Christian Paul Warburton in the property specified in Item 1 of Schedule One hereto. 5.Pursuant to paragraph 12 (1) (d) of the Criminal Assets Recovery Act 1990 Christian Paul Warburton shall furnish to the Plaintiff, within twenty one (21) days after service of a sealed copy of these orders on Christian Paul Warburton, a statement verified by oath or affirmation of Christian Paul Warburton setting out the particulars sought in Schedule Three hereto. 6. Liberty is granted to the Plaintiff and Christian Paul Warburton to apply on three (3) days' notice. 7.The costs of obtaining these orders shall be costs in the cause. 8.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.