NSW Crime Commission v Field [2008] NSWSC 102

NSW Crime Commission v Field [2008] NSWSC 102

The prerequisites for an assets forfeiture order under s 22 of the Criminal Assets Recovery Act 1990 were plainly satisfied in that Mr Field was found to have engaged in serious crime-related activity involving an indictable quantity of a prohibited drug. The Court declined to make a declaration regarding Mr Field's...

Source-derived case information.

Parties
Plaintiff: NSW Crime Commission; Defendant: Malcolm Gordon Field
Jurisdiction
Australia
Judgment Date
13 February 2008
Procedural Posture
Assets Forfeiture Application / Final Judgment
Outcome
Application for assets forfeiture order granted; application for declaration refused.
Legal Topics
Confiscation of Property, Assets Forfeiture, Use of Aliases, Jurisdictional Prerequisites for Forfeiture
Criminal Law Property Law Confiscation of Property Assets Forfeiture Use of Aliases Jurisdictional Prerequisites for Forfeiture

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

NSW Crime Commission

Plaintiff

Malcolm Gordon Field

Defendant

Procedural Posture

Assets Forfeiture Application / Final Judgment

Legal Issues

  1. 1 Whether the prerequisites for an assets forfeiture order under s 22 of the Criminal Assets Recovery Act 1990 are satisfied
  2. 2 Whether the Court can make a declaration regarding the use of aliases under s 12 of the Act
  3. 3 Jurisdictional arguments regarding external serious crime-related activity

Ratio Decidendi

The prerequisites for an assets forfeiture order under s 22 of the Criminal Assets Recovery Act 1990 were plainly satisfied in that Mr Field was found to have engaged in serious crime-related activity involving an indictable quantity of a prohibited drug. The Court declined to make a declaration regarding Mr Field's use of aliases, as such a finding of fact is not an 'order' within the meaning of the Act.

Court Disposition

Application for assets forfeiture order granted; application for declaration refused.

Orders

  • The interest, if any, of Malcolm Gordon Field in the property described in CL Lot No 538 Lotissement du domaine de Super Cannes in Cannes, France and registered in the name of Pegasus Properties Limited, and in Pegasus Properties Limited to the extent of its interest in that property, be forfeited to and vest in the...
  • No order as to costs.