New South Wales Crime Commission v Mogy [2016] NSWSC 1667

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Mogy [2016] NSWSC 1667 Hearing dates: 23 November 2016 Date of orders: 23 November 2016 Decision date: 23 November 2016 Jurisdiction: Common Law Before: Davies J Decision: Upon the Plaintiff giving the usual undertaking as to damages (the giving of which by its solicitor being noted) and

Considering that, having had regard to the matters contained in the affidavit of Katie Elaine Bourne sworn 22 November 2016, there are reasonable grounds for the suspicions stated therein

The Court orders:

1. Pursuant to section 10A of the Criminal Assets Recovery Act 1990 (except as provided in Orders 2, 3 and 4 below) 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 Roni Mogy, including the interest in property in the property specified in Schedule One hereto ("the first restraining order").

2. Pursuant to section 12(1) of the Criminal Assets Recovery Act 1990 the restraining order be varied to allow Roni Mogy or any other person ("the vendor") to deal with the interest of Roni Mogy in the property specified in Item 2 of Schedule One hereto ("the Cowan Road property") for the purpose either of completing the sale of the Cowan Road property or of selling the Cowan Road property at a price agreed in writing by the Plaintiff ("the sale of the Cowan property").