New South Wales Crime Commission v Stevermver [2015] NSWSC 1355

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Stevermver [2015] NSWSC 1355 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 to otherwise 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 Bernhard Stevermver (also known as Bernhard Stevermuer and Bernard Stevermuer), including the interests in property in the property specified in Schedule One hereto to Schedule Nine hereto. 2. Pursuant to s 12(1)(b)(i) of the Criminal Assets Recovery Act 1990 Bernhard Stevermver (also known as Bernhard Stevermuer and Bernard Stevermuer) 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 s 12(1)(e) of the Criminal Assets Recovery Act 1990 Members of the New South Wales Police Force are authorised to seize and take possession of the property specified in Schedule Seven hereto and Schedule Nine hereto. 5. 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 interests of Bernhard Stevermver (also known as Bernhard Stevermuer and Bernard Stevermuer) in the property specified in Schedule Seven hereto and Schedule Nine hereto. 6. Pursuant to s 12(1)(d) of the Criminal Assets Recovery Act 1990 Bernhard Stevermver (also known as Bernhard Stevermuer and Bernard Stevermuer) shall furnish to the Plaintiff, within fourty two (42) days after service of a sealed copy of these orders on Bernhard Stevermver (also known as Bernhard Stevermuer and Bernard Stevermuer), a statement verified by oath of Bernhard Stevermver (also known as Bernhard Stevermuer and Bernard Stevermuer) setting out the particulars sought in Schedule 10 hereto. 7. Liberty is granted to the Plaintiff and Bernhard Stevermver (also known as Bernhard Stevermuer and Bernard Stevermuer) to apply on three (3) days' notice. 8. The costs of obtaining these orders shall be costs in the cause. 9. 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 – Criminal Assets Recovery Act 1990 – restraining order Legislation Cited: Crimes Act 1900 Criminal Assets Recovery Act 1990 Uniform Civil Procedure Rules 2005 Category: Procedural and other rulings Parties: New South Wales Crime Commission (Plaintiff) Bernhard Stevermver (Defendant) Representation: Ms E Goh (NSW Crime Commission) Ex parte File Number(s): 2015/00229490 Publication restriction: None