Application of the New South Wales Crime Commission [2024] NSWSC 795

Application of the New South Wales Crime Commission [2024] NSWSC 795

The Court was satisfied, after reading Ms Digby's affidavit and annexures, that her suspicions that Rabeeh Mawas had engaged in serious crime related activity and that Zahr & Zahr Lawyers Pty Ltd had possession or control of property-tracking documents were reasonably held; accordingly, the statutory basis for a production order was established and the order sought should be made.

Jurisdiction
Australia
Judgment Date
20 June 2024
Procedural Posture
Application for Production Order Under S 33(2) of the Criminal Assets Recovery Act 1990 (nsw) / Ex Parte Ex Tempore Judgment
Outcome
Production order made.
Legal Topics
['production of Documents' 'property Tracking Documents' 'serious Crime Related Activity' 'reasonable Suspicion']
['criminal Law' 'proceeds of Crime'] ['production of Documents' 'property Tracking Documents' 'serious Crime Related Activity' 'reasonable Suspicion']

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Procedural Posture

Application for Production Order Under S 33(2) of the Criminal Assets Recovery Act 1990 (nsw) / Ex Parte Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether an authorised officer had reasonable grounds for suspecting that Zahr & Zahr Lawyers Pty Ltd had possession or control of property-tracking documents.' 'Whether Rabeeh Mawas might reasonably be suspected of engaging in serious crime related activity.' 'Whether a production order should be made under s 33(2) of the Criminal Assets Recovery Act 1990 (NSW).']

Ratio Decidendi

The Court was satisfied, after reading Ms Digby's affidavit and annexures, that her suspicions that Rabeeh Mawas had engaged in serious crime related activity and that Zahr & Zahr Lawyers Pty Ltd had possession or control of property-tracking documents were reasonably held; accordingly, the statutory basis for a production order was established and the order sought should be made.

Court Disposition

Production order made.

Orders

  • ['Pursuant to section 33(2) of the Criminal Assets Recovery Act 1990 (NSW), the Proper Officer of Zahr & Zahr Lawyers Pty Ltd of Suite 1, Level 1, 21-25 King Street, Rockdale NSW 2216 is to produce to the person named in Schedule One at the time and place specified in Schedule Two, in respect of the period 1 January...