Australia, Sept. 6 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 5:

1. On 1 July 2015, the plaintiff filed a summons seeking orders under ss 10A and 27 of the Criminal Assets Recovery Act 1990 (NSW) relating to property in which the defendant had an interest. Ex parte orders were made by Adamson J (as her Honour then was) on the same day.

2. On 9 July 2025, the plaintiff filed a notice of motion seeking an order that it be permitted to discontinue the proceedings and that each party pay its own costs.

3. The motion is supported by an affidavit of Mr Mark Pulvirenti dated 28 May 2025. Mr Pulvirenti is an employee of the plaintiff. He sets out the history of the matter.

4. The defendant was represented by Mr Voros of Voros Lawyers who seems to have been endeavouring to withdraw from the proceedings since January 2017, when they telephoned the plaintiff's office to say they no longer held instructions. A Notice of Ceasing to Act was attempted to be filed on 31 July 2020.

5. An email to my Associate on 1 August 2025 from Mr Voros indicated that there had been no communication with the defendant since June 2016. The lawyers sought leave to withdraw. Consent to this action was given by the plaintiff.

6. Returning to Mr Pulvirenti's affidavit, he sets out the history of the matter and the reasons for the application to discontinue. In short, the defendant has significant mental health disorders such that he was declared unfit to be tried in the District Court on 3 November 2016. A further order to the same effect was made on 26 October 2017.

7. In June 2019 psychiatric advice was given stating that the defendant continued to be unfit for trial. On 15 November 2019 the District Court, sitting at Parramatta, issued a qualified finding of guilt. The defendant was sentenced to a "limiting term of four years imprisonment and referred to the MHRT."

8. In January 2020, a psychiatric report indicated that the defendant was fit to be tried in a criminal trial, but concerns remained about his capacity to stand trial.

9. On 11 September 2020, the defendant was convicted of a single count of supplying prohibited drugs and was sentenced to 3 years imprisonment.

10. In 2024 the plaintiff "considered that the Commissions proceedings may not be suitable for hearing due to the Defendant's lack of representation and inability to represent himself due to his extensive mental health disorders and history of being unfit for trial."

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19877ad9045428c8400637e7)

Disclaimer: Curated by HT Syndication.