NSW Crime Commission v Spooner [2019] NSWSC 1386

NSW Crime Commission v Spooner [2019] NSWSC 1386

It is appropriate and the Court is empowered to make the orders sought by consent under the Criminal Assets Recovery Act 1990 (NSW) for variation of the restraining order to allow sale of the property, application of sale proceeds to permitted outgoings, and payment of the net proceeds to the NSW Trustee and Guardian pending further order.

Jurisdiction
Australia
Judgment Date
03 October 2019
Procedural Posture
Proceeds of Crime/asset Recovery / Consent Orders on Variation of Restraining Order
Outcome
Consent orders made varying restraining order to permit sale of property and requiring net proceeds to be paid to NSW Trustee and Guardian.
Legal Topics
['variation of Orders' 'sale of Real Property' 'payment of Net Proceeds to Trustee and Guardian']
['proceeds of Crime'] ['variation of Orders' 'sale of Real Property' 'payment of Net Proceeds to Trustee and Guardian']

Case Brief

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Procedural Posture

Proceeds of Crime/asset Recovery / Consent Orders on Variation of Restraining Order

Legal Issues

  1. 1 ['Whether the restraining order should be varied by consent to permit sale of property and payment of net proceeds to the NSW Trustee and Guardian.']

Ratio Decidendi

It is appropriate and the Court is empowered to make the orders sought by consent under the Criminal Assets Recovery Act 1990 (NSW) for variation of the restraining order to allow sale of the property, application of sale proceeds to permitted outgoings, and payment of the net proceeds to the NSW Trustee and Guardian pending further order.

Court Disposition

Consent orders made varying restraining order to permit sale of property and requiring net proceeds to be paid to NSW Trustee and Guardian.

Orders

  • ['Restraining order varied to allow vendor to sell Raceview property at price agreed in writing by Plaintiff.' 'Sale monies to be applied to discharge mortgage, legal costs, agent’s commission, valuer fee, rates or adjustments, and other Plaintiff-consented expenses.' 'Net proceeds after deductions to be paid to NSW...