New South Wales Crime Commission v Eid [2015] NSWSC 1341

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Eid [2015] NSWSC 1341 Hearing dates: 8 September 2015 Date of orders: 08 September 2015 Decision date: 08 September 2015 Jurisdiction: Common Law Before: Wilson J - Duty Judge Decision: 1. Pursuant to s 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 s 7 of the Criminal Assets Recovery Act 1990) of Milad Eid, including his interest in the property specified in Schedule 1 hereto. 2. Pursuant to subparagraph 12(1)(b)(i) of the Criminal Assets Recovery Act 1990 Milad Eid 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 paragraph 12(1)(c1) of the Criminal Assets Recovery Act 1990 Milad Eid shall furnish to the plaintiff, within twenty one (21) days after service of a sealed copy of these orders on Milad Eid, a statement verified by oath or affirmation of Milad Eid setting out the particulars sought in Schedule 2 hereto. 5. Liberty is granted to the plaintiff and Milad Eid 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. Catchwords: PROCEDURE – civil – Criminal Assets Recovery Act 1990 – restraining order Legislation Cited: Crimes Act 1900 Criminal Assets Recovery Act 1990 Drug Misuse and Trafficking Act 1985 Uniform Civil Procedure Rules 2005 Category: Procedural and other rulings Parties: NSW Crime Commission (Plaintiff) Milad Eid (Defendant) Representation: Ms E Goh (NSW Crime Commission) Ex parte File Number(s): 2015/263355 Publication restriction: None