Ross Andrew Hitchen v New South Wales Crime Commission

2025/00454343

REAL PROPERTY – by amended summons filed on 9 December 2020 the respondent sought seeks declarations under s 22AA of the Criminal Assets Recovery Act 1990 (NSW) (CAR Act) in respect of the net proceeds of sale of a property in South Penrith (the property) and forfeiture orders under s 22 of the CAR Act in respect of those proceeds – the property was formerly owned by the appellants, both of whom were convicted of offences relating to the possession of firearms, dealing with the proceeds of crime, and the supply of prohibited drugs – the principal issue for determination was whether the property met the description of “serious crime use property” in s 9B(1) of the CAR Act – the primary judge found that the appellants each engaged in serious crime related activity and each had an interest as a registered proprietor and tenant in common of the property, and that their activities resulted in the property becoming serious crime us property “serious crime use property” by virtue of s 9B(1) of the CAR Act – the primary judge held that, as the property had been sold by the time of the hearing, it was appropriate to make a substituted serious crime use property declaration pursuant to s 22AA of the CAR Act declaring that each of the appellants’ shares in the net proceeds of sale of the property (being two amounts of $332,500 held in an account with the NSW Trustee and Guardian) are available for forfeiture instead of each of the appellants’ interest in the property itself – the primary judge further ordered that each of the $332,500 shares in the net proceeds be forfeited and vested in the Crown pursuant to s 22 of the CAR Act – whether the primary judge erred in making various factual findings concerning drug use and supply at the property – whether the primary judge erred in his Honour’s interpretation and application of s 9B(1) of the CAR Act – whether the primary judge erred as to costs

New South Wales Crime Commission v Hitchen [2025] NSWSC 1268