NSW Crime Commission v Rogers [2019] NSWSC 1388

NSW Crime Commission v Rogers [2019] NSWSC 1388

The consent of all relevant parties and the terms of s 62 of the Criminal Assets Recovery Act 1990 (NSW) oblige the Court to make the orders sought to vary the restraining order to allow sale of the motorboat and direct the proceeds to NSW Trustee and Guardian.

Jurisdiction
Australia
Judgment Date
03 October 2019
Procedural Posture
Proceeds of Crime / Restraining Order Variation / Orders Made by Consent
Outcome
Orders made by consent varying restraining order and directing proceeds of sale to NSW Trustee and Guardian.
Legal Topics
['proceeds of Crime' 'restraining Orders' 'variation of Orders' 'proceeds of Sale']
['criminal Law'] ['proceeds of Crime' 'restraining Orders' 'variation of Orders' 'proceeds of Sale']

Case Brief

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Procedural Posture

Proceeds of Crime / Restraining Order Variation / Orders Made by Consent

Legal Issues

  1. 1 ['Whether restraining order over motorboat should be varied to permit sale by consent' 'Appropriate disposition of sale proceeds pursuant to the Criminal Assets Recovery Act 1990 (NSW)']

Ratio Decidendi

The consent of all relevant parties and the terms of s 62 of the Criminal Assets Recovery Act 1990 (NSW) oblige the Court to make the orders sought to vary the restraining order to allow sale of the motorboat and direct the proceeds to NSW Trustee and Guardian.

Court Disposition

Orders made by consent varying restraining order and directing proceeds of sale to NSW Trustee and Guardian.

Orders

  • ['Restraining order of 30 November 2018 varied to permit sale of the motorboat at price agreed in writing by the Plaintiff.' 'Net proceeds of sale to be paid to the NSW Trustee and Guardian, to be held until further order.']