New South Wales Crime Commission v See [2022] NSWSC 214

New South Wales Crime Commission v See [2022] NSWSC 214

Because the plaintiff sought orders with the consent of the representative for the first and second defendants, and the Court considered it appropriate, the Court made the consent orders setting aside the earlier asset forfeiture order and providing for forfeiture of the second defendant's interest in the net proceeds of sale subject to satisfaction of specified prior orders and amounts.

Jurisdiction
Australia
Judgment Date
24 February 2022
Procedural Posture
Criminal Law; Proceeds of Crime; Proceedings Under the Criminal Assets Recovery Act 1990 (nsw) / Consent Orders
Outcome
Consent orders made.
Legal Topics
['proceeds of Crime' 'criminal Assets Recovery' 'asset Forfeiture' 'consent Orders']
['criminal Law'] ['proceeds of Crime' 'criminal Assets Recovery' 'asset Forfeiture' 'consent Orders']

Case Brief

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Procedural Posture

Criminal Law; Proceeds of Crime; Proceedings Under the Criminal Assets Recovery Act 1990 (nsw) / Consent Orders

Legal Issues

  1. 1 ["Whether consent orders should be made setting aside an earlier asset forfeiture order and making a further order under s 22 of the Criminal Assets Recovery Act 1990 (NSW) forfeiting the second defendant's interest in the net proceeds of sale of the subject property to the Crown."]

Ratio Decidendi

Because the plaintiff sought orders with the consent of the representative for the first and second defendants, and the Court considered it appropriate, the Court made the consent orders setting aside the earlier asset forfeiture order and providing for forfeiture of the second defendant's interest in the net proceeds of sale subject to satisfaction of specified prior orders and amounts.

Court Disposition

Consent orders made.

Orders

  • ['The earlier asset forfeiture order was set aside.' 'An order was made pursuant to s 22 of the Criminal Assets Recovery Act 1990 (NSW) that the interest in property of the second defendant in the net proceeds of sale of the subject property be forfeited to and vest in the Crown, subject to the satisfaction of...