New South Wales Crime Commission v Camilleri [2015] NSWSC 1627

New South Wales Crime Commission v Camilleri [2015] NSWSC 1627

Because the authorised officer's affidavit established, on reasonable grounds, a suspicion that each defendant had engaged in serious crime related activity, and because the evidence showed a risk of dealings with or disposal of property, it was appropriate to proceed ex parte and the Court was bound under s 10A to make the restraining orders sought; the complexity and duration of the alleged financial arrangements also justified ancillary investigative orders under s 12.

Jurisdiction
Australia
Judgment Date
28 October 2015
Procedural Posture
Civil Proceedings for Unexplained Wealth Orders and Restraining Orders Under the Criminal Assets Recovery Act 1990 (nsw) / Ex Parte Application by Summons Filed on 28 October 2015
Outcome
Ex parte restraining orders, ancillary orders, and a non-publication order were made.
Legal Topics
['ex Parte Orders' 'restraining Orders' 'unexplained Wealth Orders' 'serious Crime Related Activity' 'non Publication Orders']
['civil' 'criminal Assets Recovery'] ['ex Parte Orders' 'restraining Orders' 'unexplained Wealth Orders' 'serious Crime Related Activity' 'non Publication Orders']

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Procedural Posture

Civil Proceedings for Unexplained Wealth Orders and Restraining Orders Under the Criminal Assets Recovery Act 1990 (nsw) / Ex Parte Application by Summons Filed on 28 October 2015

Legal Issues

  1. 1 ["Whether it was appropriate to proceed ex parte on the Commission's application for restraining orders under s 10A of the Criminal Assets Recovery Act 1990 (NSW)." "Whether the authorised officer's affidavit established a suspicion on reasonable grounds that each defendant had engaged in serious crime related activity or activities." 'Whether ancillary orders under s 12 of the Criminal Assets Recovery Act 1990 (NSW) should be made to require verified property statements and examinations.' 'Whether publication should be prohibited to prevent prejudice to the proper administration of justice.']

Ratio Decidendi

Because the authorised officer's affidavit established, on reasonable grounds, a suspicion that each defendant had engaged in serious crime related activity, and because the evidence showed a risk of dealings with or disposal of property, it was appropriate to proceed ex parte and the Court was bound under s 10A to make the restraining orders sought; the complexity and duration of the alleged financial arrangements also justified ancillary investigative orders under s 12.

Court Disposition

Ex parte restraining orders, ancillary orders, and a non-publication order were made.

Orders

  • ["The plaintiff's usual undertaking as to damages was noted." 'Orders were made in accordance with the form of order handed up by Ms Miranda, signed and dated 28 October 2015.' 'Publication of information tending to reveal the identity of the defendants or about the evidence in the proceedings was prohibited until...