NSW Crime Commission v Nehme [2016] NSWSC 1410

Supreme Court New South Wales

Medium Neutral Citation: NSW Crime Commission v Nehme [2016] NSWSC 1410 Hearing dates: 30 September 2016 Date of orders: 30 September 2016 Decision date: 30 September 2016 Jurisdiction: Common Law Before: Adamson J Decision: See paragraph [20] Catchwords: CRIMINAL LAW – ex parte – application for criminal assets restraining order Legislation Cited: Crimes Act 1990 (NSW), s 192E Criminal Assets Recovery Act 1990 (NSW), ss 7, 10A, 12 Cases Cited: George v Rockett [1990] HCA 25; 170 CLR 104 Category: Procedural and other rulings Parties: New South Wales Crime Commission (Plaintiff) Susan Nehme (Defendant) Representation: Counsel: A Bishop (solicitor) (Plaintiff)

Solicitors: New South Wales Crime Commission (Plaintiff) File Number(s): 2016/292604

Judgment

Introduction 1. By summons filed on 30 September 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 her financial affairs, including the nature and location of any property in which she has an interest; 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 her 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 her 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, 30 September 2016.