New South Wales Crime Commission v Calvert [2017] NSWSC 13

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Calvert [2017] NSWSC 13 Hearing dates: 27 January 2017 Date of orders: 27 January 2017 Decision date: 27 January 2017 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 Jonathan Lee Spark sworn 12 January 2017, there are reasonable grounds for the suspicion stated therein.

The Court orders:

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 Arthur Calvert, including the interest in property in the property specified in Schedule One hereto.

2. An order pursuant to section 10B(2) of the Criminal Assets Recovery Act 1990 that the New South Wales Trustee and Guardian take control of all the interest of Calvert in the property specified in item 2 of Schedule One hereto.

3. Pursuant to section 12(1)(b)(i) of the Criminal Assets Recovery Act 1990 Arthur Calvert 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.

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