NSW Crime Commission v Snounou [2019] NSWSC 1384

NSW Crime Commission v Snounou [2019] NSWSC 1384

Because the real properties were subject to a restraining order, ANZ held registered mortgages and intended to sell the properties with an expected surplus, and section 62 of the Criminal Assets Recovery Act 1990 (NSW) permitted the Court to make the proposed consent order, the Court ordered under section 10B(2) that the net proceeds of sale be paid to the New South Wales Trustee and Guardian and held until further order.

Jurisdiction
Australia
Judgment Date
03 October 2019
Procedural Posture
Proceeds of Crime Application Under the Criminal Assets Recovery Act 1990 (nsw) / Consent Orders; Ex Tempore Judgment
Outcome
Order made by consent.
Legal Topics
['restraining Order' 'sale of Mortgaged Real Property' 'net Proceeds of Sale' 'new South Wales Trustee and Guardian' 'consent Orders']
['proceeds of Crime' 'criminal Assets Recovery' 'property Law'] ['restraining Order' 'sale of Mortgaged Real Property' 'net Proceeds of Sale' 'new South Wales Trustee and Guardian' 'consent Orders']

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Procedural Posture

Proceeds of Crime Application Under the Criminal Assets Recovery Act 1990 (nsw) / Consent Orders; Ex Tempore Judgment

Legal Issues

  1. 1 ["Whether the net proceeds of sale of restrained real properties, after payment of ANZ's registered mortgages and reasonable selling costs, should be paid to the New South Wales Trustee and Guardian and held until further order." 'Whether the Court could make the proposed order by consent under the Criminal Assets Recovery Act 1990 (NSW).']

Ratio Decidendi

Because the real properties were subject to a restraining order, ANZ held registered mortgages and intended to sell the properties with an expected surplus, and section 62 of the Criminal Assets Recovery Act 1990 (NSW) permitted the Court to make the proposed consent order, the Court ordered under section 10B(2) that the net proceeds of sale be paid to the New South Wales Trustee and Guardian and held until further order.

Court Disposition

Order made by consent.

Orders

  • ['The Court noted the matters in paragraphs 1, 2, 3 and 4 of the draft consent order.' 'Pursuant to section 10B(2) of the Criminal Assets Recovery Act 1990 (NSW), the net proceeds of the sale of the real properties, after the payment of any monies owing to ANZ under its registered mortgages and any reasonable...