New South Wales Crime Commission v Acharya [2018] NSWSC 1372

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Acharya [2018] NSWSC 1372 Hearing dates: 5 September 2018 Date of orders: 05 September 2018 Decision date: 05 September 2018 Jurisdiction: Common Law Before: Davies J Decision: 1. Pursuant to section 12(1) of the Criminal Assets Recovery Act 1990 the restraining order made 20 April 2017 in these proceedings be varied to permit the Defendant's wife ("Pratibha Chitale") to apply to the Family Court of Australia for the following orders:

1) That within 120 days of the date of these Orders the Applicant Wife [Pratibha Chitale]:

1.1 Pay to the NSW Trustee and Guardian an amount equal, as at that date, to one half of the net equity in the property situated and known as 21 Parklands Road, North Ryde, NSW being property described in certificate of title Lot 5 in Deposited Plan 25675 ("The North Ryde Property") ("the principal sum"),

1.2 do all acts and things necessary to refinance the mortgage secured over the North Ryde Property and release and indemnify the husband with respect to the said mortgage.

2) That the principal sum referred to in Order 1 herein is to remain under the control of the NSW Trustee and Guardian on the basis that it is restrained property of Acharya pending the resolution of the Supreme Court proceedings.

3) That upon compliance with Order 1 and 2 herein, pursuant to s106A of the Family Law Act the Applicant Wife be appointed as trustee for the Respondent Husband to do all such acts and things and sign all such documents as may be required to transfer to the wife or such other person as nominated by the wife all of the husband's right title and interest in the North Ryde Property.