New South Wales Crime Commission v Kane (No 3) [2015] NSWSC 1963

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Kane (No 3) [2015] NSWSC 1963 Hearing dates: 4 December 2015 Date of orders: 18 December 2015 Decision date: 18 December 2015 Jurisdiction: Common Law Before: Campbell J Decision: Refuse a restraining order in respect of the defendant's interest in the properties in paragraphs 1 (the Neville property), 4 (the St Marys property), and 5 (the Mt Druitt property) of Schedule One to the summons. Grant liberty to the parties to apply if so advised in respect of previous orders. The plaintiff to pay the defendant's costs incurred from 12th November 2015 to 18th December 2015 after they have been agreed or assessed. Release Mr Kane from the undertaking given to the Court in respect of the preservation of the properties in paragraphs 1, 4 and 5 of the schedule to the summons. Catchwords: CRIME – application for restraining orders by NSW Crime Commission – where the interest in property the subject of the application is serious crime derived property of another person not the defendant – whether there are reasonable grounds for the authorised officer's suspicion

STATUTORY INTERPRETATION – s10A Criminal Assets Recovery Act 1990 (NSW) – whether there is scope for judicial discretion under that section for the making of orders Legislation Cited: Criminal Assets Recovery Act 1990 (NSW); Crimes Act 1900 (NSW); Criminal Assets Recovery Amendment Act (Unexplained Wealth) Act 2010 (NSW) Cases Cited: George v Rockett [1990] HCA 26; 170 CLR 104; Hadjigeorgiou v New South Wales Crime Commission [2007] NSWCA 197; 174 A Crim R 124; Hussien v Chong Fook Kam [1970] AC 942; International Finance Trust Company Limited v New South Wales Crime Commission [2009] HCA 49; 240 CLR 319; New South Wales Crime Commission v Kane [2015] NSWSC 1648; New South Wales Crime Commission v Kane (No 2) [2015] NSWSC 1650; Powell v Lenthall [1930] HCA 43; 44 CLR 470; Queensland Bacon Pty Ltd v Rees [1966] HCA 21; 115 CLR 266; Re Bolton; Ex parte Beane [1987] HCA 12; 162 CLR 514 Category: Consequential orders (other than Costs) Parties: New South Wales Crime Commission (Plaintiff) David Stuart Kane (Defendant) Representation: Counsel: A. Miranda (Plaintiff) P. David (Defendant)