NSW Crime Commission v Spooner [2019] NSWSC 1386

Supreme Court New South Wales

Medium Neutral Citation: NSW Crime Commission v Spooner [2019] NSWSC 1386 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 [5] Catchwords: PROCEEDS OF CRIME – variation of order by consent to allow sale of real property and order that net proceeds be paid to NSW Trustee and Guardian – orders made Legislation Cited: Criminal Assets Recovery Act 1990 (NSW), ss 10A, 10B, 12, 22, 27 28A Category: Principal judgment Parties: NSW Crime Commission (Plaintiff) Jason Spooner (Defendant) Representation: Counsel: P Donnelly (Plaintiff, mentioned for the Defendant)

Solicitors: NSW Crime Commission (Plaintiff) File Number(s): 2019/255564

Judgment – ex tempore 1. The NSW Crime Commission (the plaintiff) for whom Ms Donnelly appears, and Jason Spooner (the defendant) seek that I make orders by consent under the Criminal Assets Recovery Act 1990 (NSW) (the Act). Ms Donnelly mentions the appearance of Mr Ayache, the solicitor for the defendant. The background to the application is that, on 16 August 2019, the Court made a restraining order pursuant to s 10A of the Act in respect of all of the property of the defendant, including his interest in a property known as the Raceview property. 2. On 16 August the plaintiff also sought an order forfeiting the property under s 22 of the Act, a proceeds assessment order under s 27 of the Act, and an unexplained wealth order pursuant to s 28A of the Act. The restraining order which was made on 16 August 2019 remains in force. 3. The order sought is that the restraining order be varied to allow the defendant or any other person to deal with the defendant's interest in the Raceview property by selling the property at a price agreed to in writing by the plaintiff. The orders also provide for the vendor, being the defendant, or any other person, to apply the moneys received from the sale of the property in the way set out in the consent order which include an amount necessary to discharge any registered mortgage, reasonable legal and conveyancing costs and other costs associated with the sale. 4. An order pursuant to s 10B(2) of the Act is also sought which would have the net proceeds of sale of the property, after payment of the moneys referred to in terms of paragraph 5, paid to the NSW Trustee and Guardian.