Supreme Court New South Wales Medium Neutral Citation: NSW Crime Commission v Zreika [2019] NSWSC 1385 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 – variation of restraining order so that it does not apply to the interest in property of the defendant in certain bank accounts – order made by consent Legislation Cited: Criminal Assets Recovery Act 1990 (NSW), ss 10A, 12, 22, 27, 28A, 62 Category: Principal judgment Parties: NSW Crime Commission (Plaintiff) Nadir Zreika (Defendant) Representation: Counsel: P Donnelly (Plaintiff, mentioned for the Defendant) Solicitors: NSW Crime Commission (Plaintiff) File Number(s): 2019/281191 Judgment – ex tempore 1. The New South Wales Crime Commission (the plaintiff), for whom Ms Donnelly appears, and Nadir Zreika (the defendant) seek consent orders to vary a restraining order made by the Court on 9 September 2019. Ms Donnelly mentions the appearance of Mr Abbas, the solicitor for the defendant. On 9 September 2019 this Court made a restraining order pursuant to s 10A of the Criminal Assets Recovery Act 1990 (NSW) (the Act) in respect of all of the defendant's interest in property. 2. On 9 September 2019 the plaintiff applied to the Court pursuant to s 22 of the Act for an order forfeiting to and vesting in the Crown certain interests in the defendant's property. The plaintiff also sought a proceeds assessment order and unexplained wealth order. 3. The restraining order made by the Court on 9 September 2019 remains in force. The parties seek, by consent and without admissions, except for the purposes of these orders, an order pursuant to s 12 of the Act to vary the restraining order so that it does not apply to the interest in property of the defendant in certain bank accounts which are identified in the schedule to the consent order which Ms Donnelly has handed up. 4. Having regard to the provisions of s 62 of the Act, I am satisfied that it is appropriate to make a consent order in terms of paragraph 4 of the draft provided to me. I also note the matters in paragraphs 1, 2 and 3 of the draft consent order. I will initial and date that document and have it placed with the papers. Orders By consent: Make orders in terms of paragraph 4 of the Consent Order. Note paragraphs 1, 2 and 3 of the Consent Order which is initialled and dated. Consent Order: BY CONSENT, THE COURT NOTES that: 1. On 9 September 2019 the Court made an Order ("the restraining order") pursuant to section 10A of the Criminal Assets Recovery Act 1990 ("the Act") in respect of all of the interests in property of Nadir Zreika ("the Defendant"). 2. On 9 September 2019 the Plaintiff applied to the Court: (1) pursuant to section 22 of the Act for an order forfeiting to, and vesting in, the Crown certain interests in property of the Defendant; (2) pursuant to section 27 of the Act for a proceeds assessment order in respect of the illegal activities of the Defendant; and (3) pursuant to section 28A of the Act for an unexplained wealth order in respect of the Defendant ("the application for an unexplained wealth order"). 3. The restraining order remains in force. BY CONSENT AND WITHOUT ADMISSIONS EXCEPT FOR THE PURPOSE OF THESE ORDERS THE COURT ORDERS that: 4. Pursuant to section 12(1) of the Act the restraining order be varied so that it does not apply to the interests in property of the Defendant in the property specified in the Schedule hereto. SCHEDULE 1. Funds held in Australia and New Zealand Banking Group account number 3997-00737 in the joint names of Nadir Zreika and Suzy Reis. 2. Funds held in Commonwealth Bank of Australia account number 232011040801 held in the name of No Fuss Plumbing Pty Ltd. ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 11 October 2019