[2025] NSWSC 1458

New South Wales Crime Commission v Alisherykhoja Israilov & Dilnoza Israilova

(1) Pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW) (the Suppression Act), on the grounds set out in s 8(1)(a) and (e) of the Suppression Act, there shall be a non-publication order over any judgment and orders made at or from the ex parte hearing until 5 December 2025. (2) Pursuant to s 10A of the Criminal Assets Recovery Act 1990 (NSW) no person (other than any registered mortgagee dealing with its right to do so under the registered mortgage) is to dispose of, or attempt to dispose of, or otherwise deal with or attempt to otherwise deal with any interest in property (within the meaning of "interest in property" as defined in s 7 of the Criminal Assets Recovery Act 1990 (NSW)) of Alisherykhoja Israilov. (3) Pursuant to s 10A of the Criminal Assets Recovery Act 1990 (NSW) no person (other than any registered mortgagee dealing with its right to do so under the registered mortgage) is to dispose of, or attempt to dispose of, or otherwise deal with or attempt to otherwise deal with any interest in property (within the meaning of "interest in property" as defined in s 7 of the Criminal Assets Recovery Act 1990 (NSW)) of Dilnoza Israilova. (4) NOT IMPOSED. (5) NOT IMPOSED. (6) NOT IMPOSED. (7) Pursuant to s 12(1)(c1) of the Criminal Assets Recovery Act 1990 (NSW) Alisherykhoja Israilov shall furnish to the Plaintiff, within twenty one (21) days after service of a sealed copy of these orders on Alisherykhoja Israilov, a statement verified by oath of Alisherykhoja Israilov setting out the particulars sought in the Schedule hereto. (8) Pursuant to s 12(1)(c1) of the Criminal Assets Recovery Act 1990 (NSW) Dilnoza Israilova shall furnish to the Plaintiff, within twenty one (21) days after service of a sealed copy of these orders on Dilnoza Israilova, a statement verified by oath of Dilnoza Israilova setting out the particulars sought in the Schedule hereto. (9) Liberty is granted to the Plaintiff, Alisherykhoja Israilov and Dilnoza Israilova to apply on three (3) days' notice. (10) The costs of obtaining these orders shall be costs in the cause. (11) These proceedings be listed for mention before the Common Law Registrar at 9:00am on Monday, 1 June 2026. (12) Pursuant to Rule 36.4(1)(a) of the Uniform Civil Procedure Rules 2005 (NSW) these orders are to take effect as of the date hereof. SCHEDULE 1. Provide full particulars of the nature and extent of all your interests in property (within the meaning of "interest in property" as defined in s 7 of the Criminal Assets Recovery Act 1990 (NSW)), including in relation to each item of property: (a) a full description of your interest in the property, including the nature of that interest and, where possible, the estimated value, or in the case of bank accounts or deposits - the estimated balance, of that interest; (b) the location of the interest; (c) the name of the person or institution in whose custody title documents in respect of the interest are believed to be; (d) the approximate date of acquisition of the interest; (e) the source of funds used to acquire the interest. 2. Provide full particulars of your liabilities on both a capital and recurring basis, including, in relation to each liability: (a) a full description of the liability including the nature of that liability and the amount of that liability; (b) the name of the person or institution to which the liability is owed.

Catchwords

CIVIL LAW – proceeds of crime – restraining orders – order for compulsory examination – ex parte hearing

Legislation cited

Criminal Assets Recovery Act 1990 (NSW), § 6(2)(d), 10A, 10A(5)
Crimes Act 1900 (NSW), § 192E

Judgment

[1]
The NSW Crime Commission (“the plaintiff”) seeks a restraining order and compulsory examination orders in respect of each defendant, pursuant to s 10A of the Criminal Assets Recovery Act 1990 (NSW) (“the Act”). The plaintiff seeks that the matter be dealt with ex parte and in closed court. Closing the court and hearing the matter ex parte thwarts any attempt by a defendant or any other person on their behalf from taking steps through which property might be disposed of. Accordingly, I accede to the application to close the court and will deal with the matter ex parte.
[2]
For the purposes of its application for the orders, the plaintiff relies upon the affidavit of Warwick Oliver, affirmed on 2 December 2025.
[3]
Section 10A(5) of the Act requires the Court to make an order if the application is supported by an affidavit of an “authorised officer” setting out the matters contained in that subsection and stating the grounds on which the suspicion referred to therein is based, and the Court considers that there are reasonable grounds for the suspicion.
[4]
The affidavit establishes that Mr Oliver is an “authorised officer” for the purposes of the Act. Mr Oliver deposes to having a suspicion that the defendants have engaged in serious crime related activity, namely, dishonestly obtaining financial advantage or causing disadvantage by deception, contrary to s 192E of the Crimes Act 1900 (NSW), being an offence involving fraud and punishable by imprisonment for 5 years. The offence is a serious criminal offence under s 6(2)(d) of the Act.
[5]
Mr Oliver deposes to having the relevant suspicion on the grounds that he has received the police Facts Sheet relating to the defendants (annexed to Mr Oliver’s affidavit and marked “B” and “D”), and additional information provided by Detective Sergeant Cosgrove.
[6]
Mr Oliver deposes that he believes it is necessary to examine each defendant in this matter due to the nature of the offences that they are suspected of having committed.
[7]
Each defendant has been charged with criminal offences. Their criminal proceedings are listed for mention on 11 February 2026. It follows that those criminal proceedings have not been finalised.
[8]
Based on the material, I am satisfied the requirements for making the restraining orders today are established. The question remains whether I should make orders 4, 5 and 6. Those orders require the defendants to be examined on oath before a Registrar of the Court concerning their affairs.
[9]
The concern I have in respect of making the orders for compulsory examination is that the criminal proceedings are ongoing. Compulsory examination, in my view, poses an interference with an accused’s right to silence. There may be exceptions to that general proposition. For example, urgency may attach to the proceedings such that the need to conduct compulsory examination/s is established notwithstanding outstanding criminal proceedings.
[10]
In the present case, I am not persuaded that the orders for compulsory examination need to be made with urgency nor in the absence of giving the defendants an opportunity to be heard on the subject.
[11]
The reality is that the defendants have been charged with serious criminal offences which may result, upon conviction, in terms of full-time imprisonment. It may be that ultimately it is appropriate for such orders to be made, but I’m not prepared to make them today in the absence of anything more particular than what is essentially the convenience of the plaintiff, in circumstances where the defendants have not been afforded the opportunity to be heard.
[12]
I therefore decline to make orders 4, 5 and 6. Otherwise, I make the orders sought by the plaintiff, namely 1, 2, 3, 7, 8, 9, 10, 11 and 12.
[13]
I make the following Orders:
1. (1)
  Pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW) (the Suppression Act), on the grounds set out in s 8(1)(a) and (e) of the Suppression Act, there shall be a non-publication order over any judgment and orders made at or from the ex parte hearing until 5 December 2025.
2. (2)
  Pursuant to s 10A of the Criminal Assets Recovery Act 1990 (NSW) no person (other than any registered mortgagee dealing with its right to do so under the registered mortgage) is to dispose of, or attempt to dispose of, or otherwise deal with or attempt to otherwise deal with any interest in property (within the meaning of "interest in property" as defined in s 7 of the Criminal Assets Recovery Act 1990 (NSW)) of Alisherykhoja Israilov.
3. (3)
  Pursuant to s 10A of the Criminal Assets Recovery Act 1990 (NSW) no person (other than any registered mortgagee dealing with its right to do so under the registered mortgage) is to dispose of, or attempt to dispose of, or otherwise deal with or attempt to otherwise deal with any interest in property (within the meaning of "interest in property" as defined in s 7 of the Criminal Assets Recovery Act 1990 (NSW)) of Dilnoza Israilova.
4. (4)
  NOT IMPOSED.
5. (5)
  NOT IMPOSED.
6. (6)
  NOT IMPOSED.
7. (7)
  Pursuant to s 12(1)(c1) of the Criminal Assets Recovery Act 1990 (NSW) Alisherykhoja Israilov shall furnish to the Plaintiff, within twenty one (21) days after service of a sealed copy of these orders on Alisherykhoja Israilov, a statement verified by oath of Alisherykhoja Israilov setting out the particulars sought in the Schedule hereto.
8. (8)
  Pursuant to s 12(1)(c1) of the Criminal Assets Recovery Act 1990 (NSW) Dilnoza Israilova shall furnish to the Plaintiff, within twenty one (21) days after service of a sealed copy of these orders on Dilnoza Israilova, a statement verified by oath of Dilnoza Israilova setting out the particulars sought in the Schedule hereto.
9. (9)
  Liberty is granted to the Plaintiff, Alisherykhoja Israilov and Dilnoza Israilova to apply on three (3) days' notice.
10. (10)
  The costs of obtaining these orders shall be costs in the cause.
11. (11)
  These proceedings be listed for mention before the Common Law Registrar at 9:00am on Monday, 1 June 2026.
12. (12)
  Pursuant to Rule 36.4(1)(a) of the Uniform Civil Procedure Rules 2005 (NSW) these orders are to take effect as of the date hereof.
13. (1)
  Provide full particulars of the nature and extent of all your interests in property (within the meaning of "interest in property" as defined in s 7 of the Criminal Assets Recovery Act 1990 (NSW)), including in relation to each item of property:
14. (2)
  Provide full particulars of your liabilities on both a capital and recurring basis, including, in relation to each liability: