New South Wales Crime Commission v De Jonk [2016] NSWSC 1668

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v De Jonk [2016] NSWSC 1668 Hearing dates: 23 November 2016 Date of orders: 23 November 2016 Decision date: 23 November 2016 Jurisdiction: Common Law Before: Davies J Decision: 1. Pursuant to section 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 section 7 of the Criminal Assets Recovery Act 1990) of Benjamin Anthony De Jonk (the Defendant), including the interest in property specified in Schedule One hereto.

2. Pursuant to section 12(1)(b)(i) of the Criminal Assets Recovery Act 1990 the Defendant 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 [2] above.

4. Pursuant to section 10B(2) of the Criminal Assets Recovery Act 1990 the New South Wales Trustee and Guardian shall take control of all the interest of the Defendant in the property specified in Items 1 and 2 of Schedule One hereto.

5. Pursuant to section 12(1)(c1) of the Criminal Assets Recovery Act 1990 the Defendant shall furnish to the Plaintiff, within twenty one (21) days after service of a sealed copy of these orders on the Defendant, a statement verified by oath of the Defendant setting out the particulars sought in Schedule Two hereto.