Application by the New South Wales Crime Commission [2018] NSWSC 242

Application by the New South Wales Crime Commission [2018] NSWSC 242

Because the Court was satisfied that the Commission ought not be required to give notice, that the application should be dealt with ex parte, and that there were reasonable grounds for Ms Digby's suspicions that Koder Jomaa had engaged in serious crime related activity and that Michael Ayache had possession or control of the identified property-tracking documents, the production orders sought under s 33 of the Criminal Assets Recovery Act 1990 (NSW) were made.

Jurisdiction
Australia
Judgment Date
28 February 2018
Procedural Posture
Ex Parte Application for Production Order Under S 33(2) of the Criminal Assets Recovery Act 1990 (nsw) / In Chambers; Summons Filed on 23 February 2018; Orders Made on 28 February 2018
Outcome
Orders made.
Legal Topics
['production Order' 'property Tracking Documents' 'serious Crime Related Activity' 'ex Parte Application']
['criminal Law' 'criminal Assets Recovery'] ['production Order' 'property Tracking Documents' 'serious Crime Related Activity' 'ex Parte Application']

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Procedural Posture

Ex Parte Application for Production Order Under S 33(2) of the Criminal Assets Recovery Act 1990 (nsw) / In Chambers; Summons Filed on 23 February 2018; Orders Made on 28 February 2018

Legal Issues

  1. 1 ['Whether the New South Wales Crime Commission should be required to give notice of the application or whether it should be dealt with ex parte.' 'Whether there were reasonable grounds for suspecting that Koder Jomaa had engaged in a serious crime related activity.' 'Whether there were reasonable grounds for suspecting that Michael Ayache had possession or control of the identified property-tracking documents.']

Ratio Decidendi

Because the Court was satisfied that the Commission ought not be required to give notice, that the application should be dealt with ex parte, and that there were reasonable grounds for Ms Digby's suspicions that Koder Jomaa had engaged in serious crime related activity and that Michael Ayache had possession or control of the identified property-tracking documents, the production orders sought under s 33 of the Criminal Assets Recovery Act 1990 (NSW) were made.

Court Disposition

Orders made.

Orders

  • ['Leave granted to file the summons and supporting affidavit relied on by the Commission.' 'Production orders requiring the property-tracking documents to be produced to Ms Digby were made in the terms sought.']