Australia, Aug. 4 -- New South Wales Land and Environment Court issued text of the following judgement on July 3:
1. This is an application by the first defendant, Pietro Cossu, by amended notice of motion filed 31 March 2025 seeking a stay of the proceedings against him or, alternatively, against all seven defendants pending the resolution of prospective criminal proceedings arising from the "Operation Mantis" investigation conducted by the New South Wales Independent Commission Against Corruption (ICAC) and the report published at the conclusion of that investigation (Operation Mantis Report).
2. The seven defendants in the proceedings are:
1) Mr Cossu;
2) Project W Pty Ltd (formerly known as PMLV Invest & Const Pty Ltd) (ACN 166 336 858);
3) Jeremy Peter Clarke;
4) General Works & Construction Pty Ltd (GWAC) (ACN 642 420 399);
5) Ivan John Webb;
6) ACN 660 240 522 Pty Ltd (ACN Co); and
7) Brixie Investments Pty Ltd (ACN 682 521 375).
3. The proceedings were commenced by the plaintiff, Canterbury-Bankstown Council, by summons filed on 23 October 2024 seeking declaratory and other relief arising from alleged misappropriation of monies and assets by Mr Cossu, Project W, Mr Clarke, GWAC and Ivan Webb. ACN Co and Brixie Investments were subsequently added as parties to the proceedings.
4. The Council consents to the stay of the proceedings against all defendants on particular terms to ensure that the stay:
1) preserves the effect of any extant asset preservation orders and undertakings;
2) does not impede the Council's ability to issue subpoenas and seek other limited procedural steps necessary to ensure the integrity of its claims; and
3) protects against the dissipation of assets during the period of any stay.
5. The stay sought by Mr Cossu is the subject of consent by the second, fifth, sixth and seventh defendants (Project W, Ivan Webb, ACN Co and Brixie Investments, respectively) but was initially opposed by the third and fourth defendants (Mr Clarke and GWAC) unless the undertakings provided by Mr Clarke are released, the stay is made permanent and subpoenas for banking records for the period after December 2023 onwards are not permitted. During the hearing of the application, it appeared that Mr Clarke and GWAC shifted their position to wanting to obtain the benefit of a stay of the proceedings upon understanding that they could still apply to discharge or vary asset preservation undertakings that they had given to the court.
6. I have determined that a stay of the proceedings should be ordered pending a determination by the Office of the Director of Public Prosecutions (ODPP) either not to charge Mr Cossu and Mr Clarke with a crime arising out of the Operation Mantis Report; or, if Mr Cossu or Mr Clarke is charged with a crime arising out of the Operation Mantis Report, the final determination of any relevant criminal proceedings brought against them. The form of the stay will be on terms that preserve the effect of all extant asset preservation orders and undertakings, unless discharged or varied by further order of this court, and which permit the Council, with the prior leave of the court, to request the issue of subpoenas to third parties relating to matters relevant to those asset preservation orders and undertakings.
*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/197d4305ef94214dc62e8b93)
Disclaimer: Curated by HT Syndication.
