NSW Crime Commission v Ollis [2006] NSWSC 316

NSW Crime Commission v Ollis [2006] NSWSC 316

Witness immunity does not prevent the making of orders under the Criminal Assets Recovery Act 1990 (NSW) where the Court finds, on the balance of probabilities, that the respondent engaged in perverting the course of justice within the meaning of s.319 of the Crimes Act 1900 (NSW) or similar serious crime related activity. The Act operates on the conduct itself, irrespective of criminal conviction or plea of immunity, and the legislative intention is clear that such immunity is not a bar to the Court’s jurisdiction to make a proceeds assessment order.

Parties
Plaintiff: NSW Crime Commission; First Defendant: Victor Warren Ollis; Second Defendant: Gail Anne Shields; 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
21 April 2006
Procedural Posture
Application for Proceeds Assessment Order / Judgment on Summary Judgment Application
Outcome
Orders for Proceeds Assessment made (subject to parties being heard on form of order)
Legal Topics
Witness Immunity, Perverting the Course of Justice, Proceeds Assessment Order, Fraud, Serious Crime Related Activity
Criminal Law Proceeds of Crime Statutory Interpretation Witness Immunity Perverting the Course of Justice Proceeds Assessment Order Fraud Serious Crime Related Activity

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Parties

NSW Crime Commission

Plaintiff

Victor Warren Ollis

First Defendant

Gail Anne Shields

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

Application for Proceeds Assessment Order / Judgment on Summary Judgment Application

Legal Issues

  1. 1 Does witness immunity prevent the making of a proceeds assessment order under the Criminal Assets Recovery Act 1990 where the underlying conduct involved perjury, perverting the course of justice or fraud?
  2. 2 Was the threshold for making a proceeds assessment order under s.27 of the Criminal Assets Recovery Act 1990 (NSW) met on the balance of probabilities?

Ratio Decidendi

Witness immunity does not prevent the making of orders under the Criminal Assets Recovery Act 1990 (NSW) where the Court finds, on the balance of probabilities, that the respondent engaged in perverting the course of justice within the meaning of s.319 of the Crimes Act 1900 (NSW) or similar serious crime related activity. The Act operates on the conduct itself, irrespective of criminal conviction or plea of immunity, and the legislative intention is clear that such immunity is not a bar to the Court’s jurisdiction to make a proceeds assessment order.

Court Disposition

Orders for Proceeds Assessment made (subject to parties being heard on form of order)

Orders

  • Court to make Proceeds Assessment Order under s.27 of the Criminal Assets Recovery Act 1990 (NSW) against Victor Warren Ollis.