New South Wales Crime Commission v Gupta [2020] NSWSC 247

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Gupta [2020] NSWSC 247 Hearing dates: 12 March 2020 Date of orders: 12 March 2020 Decision date: 12 March 2020 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) Pursuant to section 10A of the Criminal Assets Recovery Act 1990 no person (other than any registered mortgagee dealing with its right to do so under the registered mortgage) is to dispose of, or attempt to dispose of, or otherwise deal with or attempt to otherwise deal with any interest in property (within the meaning of "interest in property" as defined in section 7 of the Criminal Assets Recovery Act 1990) of Prasun Chandra Gupta including the interest in property in the property specified in Schedule One hereto and Schedule Three hereto. (2) Pursuant to section 10A of the Criminal Assets Recovery Act 1990 no person (other than any registered mortgagee dealing with its right to do so under the registered mortgage) is to dispose of, or attempt to dispose of, or otherwise deal with or attempt to otherwise deal with any interest in property (within the meaning of "interest in property" as defined in section 7 of the Criminal Assets Recovery Act 1990) of Karishma Gupta including the interest in property in the property specified in Schedule Two hereto and Schedule Three hereto. (3) Pursuant to section 10A of the Criminal Assets Recovery Act 1990 no person (other than any registered mortgagee dealing with its right to do so under the registered mortgage) is to dispose of, or attempt to dispose of, or otherwise deal with or attempt to otherwise deal with any interest in property (within the meaning of "interest in property" as defined in section 7 of the Criminal Assets Recovery Act 1990) of Innovative Flowers & Gifts Pty Ltd A.C.N. 153 428 436 including the interest in property in the property specified in Schedule Four hereto. (4) Pursuant to sections 12(1)(b) and 12(1)(b1) of the Criminal Assets Recovery Act 1990 Prasun Chandra Gupta shall be examined on oath before a Registrar of the Court concerning: (a) his affairs, including the nature and location of any property in which he has an interest (b) the affairs of Innovative Flowers & Gifts Pty Ltd A.C.N. 153 428 436, including the nature and location of any property in which Innovative Flowers & Gifts Pty Ltd A.C.N. 153 428 436 has an interest; and (c) the affairs of Karishma Gupta, including the nature and location of any property in which Karishma Gupta or Prasun Chandra Gupta has an interest. (5) Pursuant to sections 12(1)(b) and 12(1)(b1) of the Criminal Assets Recovery Act 1990 Karishma Gupta shall be examined on oath before a Registrar of the Court concerning: (a) her affairs, including the nature and location of any property in which she has an interest; (b) the affairs of Innovative Flowers & Gifts Pty Ltd A.C.N. 153 428 436, including the nature and location of any property in which Innovative Flowers & Gifts Pty Ltd A.C.N. 153 428 436 has an interest; and (c) the affairs of Prasun Chandra Gupta, including the nature and location of any property in which Prasun Chandra Gupta or Karishma Gupta has an interest. (6) Leave is granted to the Plaintiff to obtain from the Registry dates for the examinations ordered in Orders 4 and 5 above. (7) Pursuant to section 12(1)(c1) of the Criminal Assets Recovery Act 1990 Prasun Chandra Gupta shall furnish to the Plaintiff, within twenty one (21) days after service of a sealed copy of these orders on Prasun Chandra Gupta, a statement verified by oath of Prasun Chandra Gupta setting out the particulars sought in Schedule Five hereto. (8) Pursuant to section 12(1)(c1) of the Criminal Assets Recovery Act 1990 Karishma Gupta shall furnish to the Plaintiff, within twenty one (21) days after service of a sealed copy of these orders on Karishma Gupta, a statement verified by oath of Karishma Gupta setting out the particulars sought in Schedule Five hereto. (9) Pursuant to section 12(1)(c1) of the Criminal Assets Recovery Act 1990 Innovative Flowers & Gifts Pty Ltd A.C.N. 153 428 436 shall furnish to the Plaintiff, within twenty one (21) days after service of a sealed copy of these orders on Innovative Flowers & Gifts Pty Ltd A.C.N. 153 428 436, a statement verified by oath of Innovative Flowers & Gifts Pty Ltd A.C.N. 153 428 436setting out the particulars sought in Schedule Five hereto. (10) Liberty is granted to the Plaintiff, Prasun Chandra Gupta, Karishma Gupta and Innovative Flowers & Gifts Pty Ltd A.C.N. 153 428 436 to apply on three (3) days' notice. (11) The costs of obtaining these orders shall be costs in the cause. Catchwords: CRIME — Confiscations — Restraining orders Legislation Cited: Criminal Assets Recovery Act 1990 (NSW), Pt 4, ss 4, 6, 7, 10A, 10C, 12, 55 Drug Misuse and Trafficking Act 1985 (NSW), s 23 Category: Principal judgment Parties: New South Wales Crime Commission (Plaintiff) Prasun Chandra Gupta (First Defendant) Karishma Gupta (Second Defendant) Innovative Flowers & Gifts Pty Ltd (Third Defendant) Representation: Solicitor: New South Wales Crime Commission (Plaintiff) File Number(s): 2020/81019 Publication restriction: Nil