New South Wales Crime Commission v Elskaf [2018] NSWSC 259

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Elskaf [2018] NSWSC 259 Hearing dates: 02 March 2018 Date of orders: 02 March 2018 Decision date: 02 March 2018 Jurisdiction: Common Law Before: Rothman J Decision: (1) Pursuant to section 10B(2) of the Criminal Assets Recovery Act 1990, the New South Wales Trustee and Guardian shall take control of the interest in property of the Defendant in the property specified in the Schedule hereto.

(2) The Defendant shall pay the Plaintiff's costs of this application. Catchwords: CONFISCATION OF ASSETS – Criminal Assets Recovery Act 1990 – jurisdictional gateway satisfied – reasonable suspicion – retraining orders made Legislation Cited: Criminal Assets Recovery Act 1990 Category: Consequential orders (other than Costs) Parties: New South Wales Crime Commission (Plaintiff) Ali Elskaf (Defendant) Representation: Solicitors: New South Wales Crime Commission (Plaintiff) Ex parte (Defendant) File Number(s): 2011/202183

ex tempore Judgment 1. HIS HONOUR: By Motion filed on 15 February 2018, the New South Wales Crime Commission (hereinafter "the Commission") seeks orders under s 10B of the Criminal Assets Recovery Act 1990 (hereinafter "the Act") that the New South Wales Trustee and Guardian take control of the interest in property of the defendant that was previously the subject of orders of the Court under s 10A of the Act. 2. During the course of time since the restraining order was made, there has been a full hearing in relation to the matters and orders have been made, being unexplained wealth orders and other appropriate orders under the Act. What has occurred since that time is that the property over which the restraining orders operate now needs to be the subject of other orders that have been made and the Commission seeks that the Trustee and Guardian take possession and/or control of the matter. 3. The defendant who was heard on the application at least in part neither opposes nor consents to the application. The solicitors representing the defendant have said they are unable to obtain instructions in relation to the matters. 4. The jurisdictional gateway for the making of orders under the Act, in particular s 10A, has been satisfied well and truly and there are good reasons why at this stage of the proceedings, the Trustee and Guardian should take control of the interests in property. 5. As a consequence, the Court exercises its discretion under s 10B of the Act and makes the orders contained in the Minutes of Order handed to the Court and initialled and dated today's date. 6. That order reflects precisely the Motion before the Court. Those orders are made and may be entered forthwith.