Application of the New South Wales Crime Commission [2024] NSWSC 796

Application of the New South Wales Crime Commission [2024] NSWSC 796

The Court was satisfied from Mr Clough's affidavit and annexed documents that the suspicions held about the commission of serious crime related activity and the likely presence of the documents sought were reasonably held, and therefore the production order under s 33(2) of the Criminal Assets Recovery Act 1990 (NSW) should be made.

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

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether an authorised officer had reasonable grounds for suspecting that a person had possession or control of property-tracking documents.' 'Whether the documents sought were relevant to identifying, locating or quantifying an interest in property of persons reasonably 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 from Mr Clough's affidavit and annexed documents that the suspicions held about the commission of serious crime related activity and the likely presence of the documents sought were reasonably held, and therefore the production order under s 33(2) of the Criminal Assets Recovery Act 1990 (NSW) 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 John Stonham and Co Lawyers A.B.N. 69 490 937 684 at 110 Queen Street, Campbelltown NSW 2560 produce to authorised officer Lee Clough, between 9 am and 4 pm on or before 18 July 2024 at 453-463 Kent Street, Sydney, any...