NSW Crime Commission v Rogers [2019] NSWSC 1388

Supreme Court New South Wales

Medium Neutral Citation: NSW Crime Commission v Rogers [2019] NSWSC 1388 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 [3] Catchwords: PROCEEDS OF CRIME – variation of restraining order and order that net proceeds of sale of motor boat be paid to NSW Trustee and Guardian – orders made by consent Legislation Cited: Criminal Assets Recovery Act 1990 (NSW), ss 10A, 10B, 12, 28A, 62 Category: Principal judgment Parties: NSW Crime Commission (Plaintiff) Rosemary Margaret Rogers (Defendant) Representation: Counsel: P Donnelly (Plaintiff, mentioned for the Defendant)

Solicitors: NSW Crime Commission (Plaintiff) File Number(s): 2018/371294

Judgment – ex tempore 1. Ms Donnelly, who appears on behalf of the plaintiff, and mentions the matter on behalf of Ms Fayman, for the defendant, seeks that I make orders by consent which provide for the variation of the restraining order made on 30 November 2018 to allow the second defendant, or any other person, to deal with the motor boat for the purpose of selling the motor boat at a price agreed to in writing by the plaintiff. An order is also sought pursuant to s 10B(2) of the Criminal Assets Recovery Act 1990 (NSW) (the Act) that the net proceeds of sale of the motor boat be paid to the New South Wales Trustee and Guardian by bank cheque into an account nominated by the plaintiff to be held by the New South Wales Trustee and Guardian until further order. 2. The Act provides that this Court may, on the application of the Commission, and with the consent of all persons whose interest in property will be subject to an order under the Act, make consent orders which give effect to the terms of an agreement negotiated: s 62 of the Act.