NSW Crime Commission v Rootes [2019] NSWSC 1387

NSW Crime Commission v Rootes [2019] NSWSC 1387

The proceedings were resolved by consent with orders for forfeiture of specified property, provision for legal expenses, and dismissal of the unexplained wealth order application as permitted and required by the Criminal Assets Recovery Act 1990 (NSW) and by agreement of the parties.

Jurisdiction
Australia
Judgment Date
03 October 2019
Procedural Posture
Proceeds of Crime Civil Proceeding / Final Orders on Consent
Outcome
Orders made by consent finalising proceedings; forfeiture order granted; legal expenses paid; unexplained wealth order and balance of summons dismissed; each party to bear own costs.
Legal Topics
['forfeiture Order' 'unexplained Wealth Order' 'restraining Order' 'legal Expenses' 'consent Orders']
['criminal Law' 'proceeds of Crime'] ['forfeiture Order' 'unexplained Wealth Order' 'restraining Order' 'legal Expenses' 'consent Orders']

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Procedural Posture

Proceeds of Crime Civil Proceeding / Final Orders on Consent

Legal Issues

  1. 1 ['Whether the forfeiture and restraining orders should be made by consent under the Criminal Assets Recovery Act 1990 (NSW)' 'Whether legal expenses should be paid out of restrained property' 'Whether an unexplained wealth order should be dismissed']

Ratio Decidendi

The proceedings were resolved by consent with orders for forfeiture of specified property, provision for legal expenses, and dismissal of the unexplained wealth order application as permitted and required by the Criminal Assets Recovery Act 1990 (NSW) and by agreement of the parties.

Court Disposition

Orders made by consent finalising proceedings; forfeiture order granted; legal expenses paid; unexplained wealth order and balance of summons dismissed; each party to bear own costs.

Orders

  • ['Pursuant to section 10B(3)(b) of the Act, reasonable legal expenses of the defendant are paid from specified property in Schedule Two: $9275.51 to Gregory J Jones of Counsel and $9275.51 to John Styles Solicitors.' 'Pursuant to section 22 of the Act, interests in property specified in Schedule One are forfeited to...