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Togias v New South Wales Crime Commission [2019] NSWSC 1556 — Confiscation — Barrister AI

Togias v New South Wales Crime Commission

[2019] NSWSC 1556

Supreme Court of NSW

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Interrogate

Catchwords

1. Crime
2. › confiscation
3. › forfeiture order
4. › application to exclude interest in property from forfeiture order
5. › application to exclude value of innocent interests from forfeiture order
6. › whether plaintiff has “interest” in forfeited property
7. › question of statutory construction
8. › plaintiff’s “interest” in property has not been forfeited by forfeiture order
9. › applications dismissed on the basis of incompetence
1. Crime
2. › confiscation
3. › forfeiture order
4. › application for payment of amount from proceeds of sale of interest on basis of hardship
5. › whether plaintiff is a dependent of the person whose interest has been forfeited
6. › neither plaintiff nor children were dependents at the time that forfeiture orders first sought and made
7. › hardship that can be ameliorated by payment not made out on the evidence

Case Details

Citation[2019] NSWSC 1556

CourtNSWSC

JurisdictionNew South Wales

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The full text is available to signed-in members, including the 3 later cases that cite this judgment.

Cited by3

2022NSW Trustee and Guardian v TogiasNSWCA 225
2021Nicolitsa Togias v State of New South WalesNSWSC 1588
2021Togias v NSW Trustee and GuardianNSWSC 573

Relies on9

2016New South Wales Crime Commission v SubaktiNSWSC 1421
2015New South Wales Crime Commission v TranNSWSC 542
2008New South Wales Crime Commission v Volkard KelaitaNSWCA 284
2003New South Wales Crime Commission v Kelly & Ors; Kelly & Ors v New South Wales Crime CommissionNSWCA 245
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