New South Wales Crime Commission v Carnese [2020] NSWSC 1530

New South Wales Crime Commission v Carnese [2020] NSWSC 1530

On the evidence, including Ms Bourne's affidavit and the police facts statement, there were reasonable grounds for Ms Bourne's suspicion that Mr Carnese and Mr Lee had engaged in serious crime related activity, the circumstances supported proceeding ex parte, and the Commission established that a restraining order should be made under ss 10A and 10B with ancillary orders under s 12 of the Criminal Assets Recovery Act 1990 (NSW).

Jurisdiction
Australia
Judgment Date
02 October 2020
Procedural Posture
Application for Restraining Order Under the Criminal Assets Recovery Act 1990 (nsw) / Hearing Instanter and Ex Parte
Outcome
Orders made for a restraining order under ss 10A and 10B, together with ancillary orders under s 12 of the Criminal Assets Recovery Act 1990 (NSW).
Legal Topics
['restraining Order' 'ex Parte Application' 'serious Crime Related Activity' 'proceeds of Crime' 'nsw Trustee and Guardian Control of Property']
['criminal Procedure' 'criminal Assets Recovery'] ['restraining Order' 'ex Parte Application' 'serious Crime Related Activity' 'proceeds of Crime' 'nsw Trustee and Guardian Control of Property']

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Procedural Posture

Application for Restraining Order Under the Criminal Assets Recovery Act 1990 (nsw) / Hearing Instanter and Ex Parte

Legal Issues

  1. 1 ['Whether the New South Wales Crime Commission established grounds for a restraining order under ss 10A and 10B of the Criminal Assets Recovery Act 1990 (NSW).' "Whether there were reasonable grounds for the authorised officer's suspicion that Mario Carnese and Jung Im Lee had engaged in serious crime related activity." 'Whether the circumstances required the NSW Trustee and Guardian to take control of interests in property subject to the restraining order.' 'Whether the matter properly proceeded ex parte.']

Ratio Decidendi

On the evidence, including Ms Bourne's affidavit and the police facts statement, there were reasonable grounds for Ms Bourne's suspicion that Mr Carnese and Mr Lee had engaged in serious crime related activity, the circumstances supported proceeding ex parte, and the Commission established that a restraining order should be made under ss 10A and 10B with ancillary orders under s 12 of the Criminal Assets Recovery Act 1990 (NSW).

Court Disposition

Orders made for a restraining order under ss 10A and 10B, together with ancillary orders under s 12 of the Criminal Assets Recovery Act 1990 (NSW).

Orders

  • ['On the evidence before the Court, the Commission has established that a restraining order should be made under ss 10A and 10B, together with ancillary orders under s 12 of the Act.' 'Orders were made accordingly.']