Application by the New South Wales Crime Commission [2020] NSWSC 1524

Application by the New South Wales Crime Commission [2020] NSWSC 1524

Having regard to the affidavit of Ms Min Huang and the statement of facts and circumstances, the Court was satisfied that there were reasonable grounds for the suspicion that Ms Song had engaged in serious crime related activity and that Mr Lin held property tracking documents relevant to proceedings under the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
10 June 2020
Procedural Posture
Application Under Criminal Assets Recovery Act 1990 (nsw) for a Production Order / Ex Parte Application Heard Instanter
Outcome
Application granted; orders proposed as filed in court made.
Legal Topics
['production Order' 'property Tracking Documents' 'serious Crime Related Activity' 'ex Parte Orders']
['criminal Procedure' 'criminal Assets Recovery'] ['production Order' 'property Tracking Documents' 'serious Crime Related Activity' 'ex Parte Orders']

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Procedural Posture

Application Under Criminal Assets Recovery Act 1990 (nsw) for a Production Order / Ex Parte Application Heard Instanter

Legal Issues

  1. 1 ['Whether the application under s 33(2) of the Criminal Assets Recovery Act 1990 (NSW) should be heard and determined ex parte.' "Whether there were reasonable grounds for the authorised officer's suspicion that Ms Wei Song had engaged in serious crime related activity." 'Whether there was a basis to suspect that Mr Jian Hong Lin had possession or control of property tracking documents relevant to Ms Song.']

Ratio Decidendi

Having regard to the affidavit of Ms Min Huang and the statement of facts and circumstances, the Court was satisfied that there were reasonable grounds for the suspicion that Ms Song had engaged in serious crime related activity and that Mr Lin held property tracking documents relevant to proceedings under the Criminal Assets Recovery Act 1990 (NSW); accordingly, the application under s 33 was granted.

Court Disposition

Application granted; orders proposed as filed in court made.

Orders

  • ['The orders proposed as filed in court today are made.' 'The order was executed under seal and a copy of the sealed order was provided to the Commission.']