New South Wales Crime Commission v White [2015] NSWSC 1349

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v White [2015] NSWSC 1349 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 section 10A of the Criminal Assets Recovery Act 1990 (except as provided in Orders 2, 3 and 4 below) 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 John Charles White, including his interest in the property specified in Schedule One and Schedule Two hereto ("the restraining order"). 2. Pursuant to s 12(1) of the Criminal Assets Recovery Act 1990 the restraining order be varied to allow John Charles White or any other person ("the vendor") to deal with the interest of John Charles White in the property specified in Item One of Schedule Two hereto ("the Whyalla property") for the purpose either of completing the sale of the Whyalla property or of selling the Whyalla property at a price agreed in writing by the Plaintiff ("the sale of the Whyalla property"). 3. Pursuant to s 12(1) of the Criminal Assets Recovery Act 1990 the proceeds received from the sale of the Whyalla property may be applied to pay the following: a) the amount necessary to discharge any registered mortgage secured over the Whyalla property; b) reasonable legal and conveyancing costs on the sale of the Whyalla property; c) any reasonable agent's commission on the sale of the Whyalla property; d) any fee payable to a registered valuer for a valuation of the Whyalla property; e) any rates or other adjustments or monies reasonably payable under any Agreement for Sale; and f) any other expenses incurred with the consent in writing of the Plaintiff, the giving of such consent to be in the absolute discretion of the Plaintiff. 4. Pursuant to s 10B(2) of the Criminal Assets Recovery Act 1990, the net proceeds of the sale of the Whyalla property (after the payment of monies mentioned in Prayer 3 above) shall be paid, by bank cheque, to the NSW Trustee and Guardian, to be held by it until further order. 5. Pursuant to s 12(1)(b)(i) of the Criminal Assets Recovery Act 1990 John Charles White 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. 6. Leave is granted to the Plaintiff to obtain from the Registry dates for the examination ordered in Order 5 above. 7. Pursuant to s 10B(2) of the Criminal Assets Recovery Act 1990 the New South Wales Trustee and Guardian shall take control of all the interest of John Charles White in the property specified in Item Two of Schedule Two hereto. 8. Pursuant to s 12(1)(c1) of the Criminal Assets Recovery Act 1990 John Charles White shall furnish to the Plaintiff, within twenty one (21) days after service of a sealed copy of these orders on John Charles White, a statement verified by oath or affirmation of John Charles White setting out the particulars sought in Schedule Three hereto. 9. Liberty is granted to the Plaintiff and John Charles White to apply on three (3) days' notice. 10. The costs of obtaining these orders shall be costs in the cause. 11. Pursuant to r 36.4(1)(a) of the Uniform Civil Procedure Rules 2005 these orders are to take effect as of the date hereof. Catchwords: CIVIL PROCEDURE – civil – Criminal Assets Recovery Act 1990 – restraining order Legislation Cited: Criminal Assets Recovery Act 1990 Drug Misuse and Trafficking Act 1985 Uniform Civil Procedure Rules 2005 Category: Procedural and other rulings Parties: New South Wales Crime Commission (Plaintiff) John Charles White (Defendant) Representation: Ms E Goh (NSW Crime Comission) Ex parte File Number(s): 2015/263371 Publication restriction: None