New South Wales Crime Commission v Richards [2016] NSWSC 838

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Richards [2016] NSWSC 838 Hearing dates: 13 May 2016 Date of orders: 13 May 2016 Decision date: 13 May 2016 Jurisdiction: Common Law Before: Adamson J Decision: See paragraph 19 Catchwords: CRIMINAL LAW – ex parte – application for criminal assets restraining order Legislation Cited: Criminal Assets Recovery Act 1990 (NSW), ss 4, 6, 7, 10A, 12, 28A Drug Misuse and Trafficking Act 1985 (NSW), s 25 Uniform Civil Procedure Rules 2005 (NSW), r 1.26 Cases Cited: George v Rockett [1990] HCA 25; 170 CLR 104 Category: Procedural and other rulings Parties: New South Wales Crime Commission (Plaintiff) Scott James Richards (Defendant) Representation: Counsel: A Bishop (Solicitor) (Plaintiff)

Solicitors: New South Wales Crime Commission (Plaintiff) File Number(s): 2016/149681

Judgment

Introduction 1. By summons filed on 13 May 2016, the plaintiff seeks various orders under the Criminal Assets Recovery Act 1990 (NSW) (the Act). All references to statutory provisions in these reasons are references to the Act unless otherwise stated. 2. The summons sought an order pursuant to s 10A restraining dealings with any interest in property, including certain property described in Schedule One to the summons; orders pursuant to s 12(1)(b)(i) authorising the examination of the defendant concerning his financial affairs; an order pursuant to s 12(1)(c1) requiring the defendant to furnish to the plaintiff within 21 days a statement verified on oath setting out full particulars of all his property as set out in Schedule Two to the summons; and an order pursuant to s 28A that the defendant pay to the Treasurer an amount assessed by the Court as the value of the proceeds of his unexplained wealth (the unexplained wealth order). 3. The orders sought in the summons, apart from the unexplained wealth order, were sought ex parte on the day of filing the summons, 13 May 2016.