NSW Crime Commission v Snounou [2019] NSWSC 1384

Supreme Court New South Wales

Medium Neutral Citation: NSW Crime Commission v Snounou [2019] NSWSC 1384 Hearing dates: 3 October 2019 Date of orders: 03 October 2019 Decision date: 03 October 2019 Jurisdiction: Common Law Before: Adamson J Decision: See paragraph [4] Catchwords: PROCEEDS OF CRIME – order sought that net proceeds of sale of real properties be paid to New South Wales Trustee and Guardian – order made by consent Legislation Cited: Criminal Assets Recovery Act 1990 (NSW), ss 10A, 10B, 62 Real Property Act 1900 (NSW), s 57 Category: Principal judgment Parties: NSW Crime Commission (Plaintiff) Michael Snounou (Defendant) Representation: Counsel: P Donnelly (Plaintiff, mentioned for Defendant)

Solicitors: NSW Crime Commission (Plaintiff) File Number(s): 2018/96406

Judgment – ex tempore 1. Ms Donnelly, who appears on behalf of the New South Wales Crime Commission (the plaintiff), and mentions the appearance of Mr Faro, the solicitor for Michael Snounou (the defendant), asks the Court to make consent orders in terms of a draft which has been provided. 2. The background to the application is that, on 26 March 2018, the Court made a restraining order pursuant to section 10A of the Criminal Assets Recovery Act 1990 (NSW) (the Act) in respect of the defendant's property. The ANZ Bank had registered mortgages over each of the real properties specified in schedules 1, 2 and 3. It has since issued notices under s 57(2)(b) of the Real Property Act 1900 (NSW) in respect of its mortgages and has taken possession of each of the real properties and intends to sell those real properties in satisfaction of the debts secured by the mortgage. I note that there is expected to be a surplus from the sale of the real properties. 3. The operative order sought is that, pursuant to section 10B(2) of the Act the net proceeds of the sale of the real properties after deduction for payments of moneys owed to the ANZ under its registered mortgages and any reasonable selling costs be paid to the New South Wales Trustee and Guardian and held by it until further order. Section 62 of the Act provides for this Court to make orders by consent which relevantly covers the order in paragraph 5 of the document entitled "consent order" which Ms Donnelly has handed to me.