NSW Crime Commission v Ollis [2006] NSWSC 459

NSW Crime Commission v Ollis [2006] NSWSC 459

A proceeds assessment order under s.27 of the Criminal Assets Recovery Act 1990 (NSW) need not, at the time of making the order, specify each illegal activity from which proceeds may have been derived; the Court can make a general order and determine the relevant illegal activities and assess proceeds in subsequent hearings.

Parties
Plaintiff: NSW Crime Commission; First Defendant: Victor Warren Ollis; Second Defendant: Gail Anne Shields (aka Gail Anne Lye and Gail Anne Ollis); Third Defendant: Aaron Gregory Lye; Fourth Defendant: Christopher Lye; Fifth Defendant: Koala Development Pty Ltd (ACN 116 719 754); Sixth Defendant: Parkes Airport Business Centre Pty Ltd (ACN 116 261 913); Seventh Defendant: Parkes Airport Construction Pty Ltd (ACN 117 091 737)
Jurisdiction
Australia
Judgment Date
18 May 2006
Procedural Posture
Civil (criminal Assets Recovery) / Final Judgment on Form of Proceeds Assessment Order Following Prior Liability Finding; Orders on Costs
Outcome
Judgment for plaintiff; proceeds assessment order to be assessed by the Court; first defendant to pay plaintiff's costs.
Legal Topics
Criminal Assets Recovery, Proceeds Assessment Orders, Particularisation of Illegal Activity, Procedure Under Criminal Assets Recovery Act 1990 (nsw)
Criminal Procedure Proceeds of Crime Civil Procedure Criminal Assets Recovery Proceeds Assessment Orders Particularisation of Illegal Activity Procedure Under Criminal Assets Recovery Act 1990 (nsw)

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Parties

NSW Crime Commission

Plaintiff

Victor Warren Ollis

First Defendant

Gail Anne Shields (aka Gail Anne Lye and Gail Anne Ollis)

Second Defendant

Aaron Gregory Lye

Third Defendant

Christopher Lye

Fourth Defendant

Koala Development Pty Ltd (ACN 116 719 754)

Fifth Defendant

Parkes Airport Business Centre Pty Ltd (ACN 116 261 913)

Sixth Defendant

Parkes Airport Construction Pty Ltd (ACN 117 091 737)

Seventh Defendant

Procedural Posture

Civil (criminal Assets Recovery) / Final Judgment on Form of Proceeds Assessment Order Following Prior Liability Finding; Orders on Costs

Legal Issues

  1. 1 Whether a proceeds assessment order under s.27 of the Criminal Assets Recovery Act 1990 (NSW) must specify each illegal activity at the time of the initial order
  2. 2 Appropriate form of proceeds assessment order: general or specific to illegal activity

Ratio Decidendi

A proceeds assessment order under s.27 of the Criminal Assets Recovery Act 1990 (NSW) need not, at the time of making the order, specify each illegal activity from which proceeds may have been derived; the Court can make a general order and determine the relevant illegal activities and assess proceeds in subsequent hearings.

Court Disposition

Judgment for plaintiff; proceeds assessment order to be assessed by the Court; first defendant to pay plaintiff's costs.

Orders

  • Judgment is given for the plaintiff on its claim for a proceeds assessment order against the first defendant for an amount to be assessed by the Court.
  • The first defendant pay the plaintiff's costs.