Police Integrity Commission v Battal [2015] NSWSC 1798

Supreme Court New South Wales

Medium Neutral Citation: Police Integrity Commission v Battal [2015] NSWSC 1798 Hearing dates: 30 November 2015 Decision date: 30 November 2015 Jurisdiction: Common Law Before: Adamson J Decision: (1) The requirement for service of the plaintiff's notice of motion filed on 21 October 2015 upon the defendant be dispensed with.

(2) The respondent, being the New South Wales Trustee and Guardian, pay the sum of $24,635.63 to the New South Wales Treasurer in partial discharge of the proceeds assessment order made against the defendant by the Court on 10 October 2012.

(3) The respondent is to retain the balance of the moneys in its possession and control, $605, in payment of its fees and expenses incurred in or in connection with the performance of the duties imposed on the respondent under the restraining order made on 27 January 2009, as varied by the Court on 20 November 2013. Catchwords: CRIMINAL LAW – order sought for payment of moneys from the NSW Trustee and Guardian to the NSW Treasurer in partial discharge of proceeds assessment order

PRACTICE AND PROCEDURE – application to dispense with requirement for service of notice of motion and supporting affidavit – satisfied that defendant was aware of the application – inference that defendant has chosen not to play any part nor appear in opposition to application – requirement for service dispensed with Legislation Cited: Civil Procedure Act 2005 (NSW), s 14 Criminal Assets Recovery Act 1990 (NSW), ss 10, 22, 27 Uniform Civil Procedure Rules 2005 (NSW), r 18.2 Category: Principal judgment Parties: Police Integrity Commission (Plaintiff) Nasser Mohamad Battal (Defendant) New South Wales Trustee and Guardian (Respondent) Representation: Counsel: R Tumeth (solicitor) (Plaintiff)