NSW Crime Commission v Rootes [2019] NSWSC 1387

Supreme Court New South Wales

Medium Neutral Citation: NSW Crime Commission v Rootes [2019] NSWSC 1387 Hearing dates: 3 October 2019 Decision date: 03 October 2019 Jurisdiction: Common Law Before: Adamson J Decision: See paragraph [6] Catchwords: PROCEEDS OF CRIME – proceedings finalised by consent Legislation Cited: Criminal Assets Recovery Act 1990 (NSW), ss 10A, 10B, 22, 28A, 31A, 31B, 62 Category: Principal judgment Parties: NSW Crime Commission (Plaintiff) Caine Leslie Rootes (Defendant) Representation: Counsel: P Donnelly (Plaintiff, mentioned for the Defendant)

Solicitors: NSW Crime Commission (Plaintiff) File Number(s): 2019/96288

Judgment – ex tempore 1. The New South Wales Crime Commission (the plaintiff) for whom Ms Donnelly appears, and Caine Leslie Rootes (the defendant) seek orders in terms of a document entitled "consent order". Ms Donnelly mentions the appearance of the defendant's legal representative, Mr Styles. 2. The background to the application is that on 27 March 2019 the 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 property interests. On 27 March 2019 the plaintiff applied to this Court for orders under ss 22 and 28A of the Act for a forfeiture order and unexplained wealth order respectively. 3. The minute of order notes that, for the purposes of ss 31A and 31B of the Act, the defendant warrants to the plaintiff that the defendant's only interests in property as at the date of the signing of these orders are the defendant's interests in property specified in schedules 1, 2 and 3 hereto. 4. The orders which are sought to be made by consent will finalise the proceedings and the issues between the parties. The parties wish me to make orders pursuant to s 10B(3)(b) of the Act, making provision for reasonable legal expenses of the defendant which are set out in the draft order. An order for forfeiture pursuant to s 22 of the Act is also provided for. 5. The application for an unexplained wealth order is sought to be dismissed, as is the balance of the summons. The parties also seek, all issues between them having been resolved, that all future listings of these proceedings be vacated. They have come to an agreement that the plaintiff and the defendant are each to bear their own costs.