New South Wales Crime Commission v Gupta [2020] NSWSC 247

New South Wales Crime Commission v Gupta [2020] NSWSC 247

Based on the affidavit evidence, including police fact sheets, bank and property records, there exist reasonable grounds to suspect the defendants engaged in serious crime-related activities warranting restraining orders without notice; ancillary orders for examination and disclosure are also justified.

Parties
Plaintiff: New South Wales Crime Commission; First Defendant: Prasun Chandra Gupta; Second Defendant: Karishma Gupta; Third Defendant: Innovative Flowers & Gifts Pty Ltd
Jurisdiction
Australia
Judgment Date
12 March 2020
Procedural Posture
Crime — Confiscations — Restraining Orders / Application for Ex Parte Restraining and Ancillary Orders
Outcome
Orders granted as sought by the Plaintiff
Legal Topics
Restraining Orders, Examination on Oath, Confiscation of Assets, Serious Crime Related Activities
Criminal Law Proceeds of Crime Restraining Orders Examination on Oath Confiscation of Assets Serious Crime Related Activities

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 1
Sign in to unlock

Parties

New South Wales Crime Commission

Plaintiff

Prasun Chandra Gupta

First Defendant

Karishma Gupta

Second Defendant

Innovative Flowers & Gifts Pty Ltd

Third Defendant

Procedural Posture

Crime — Confiscations — Restraining Orders / Application for Ex Parte Restraining and Ancillary Orders

Legal Issues

  1. 1 Whether restraining orders should be made under s 10A of the Criminal Assets Recovery Act 1990
  2. 2 Whether defendants should be examined on oath regarding their affairs and assets
  3. 3 Whether ancillary orders requiring verified statements of asset particulars should be granted

Ratio Decidendi

Based on the affidavit evidence, including police fact sheets, bank and property records, there exist reasonable grounds to suspect the defendants engaged in serious crime-related activities warranting restraining orders without notice; ancillary orders for examination and disclosure are also justified.

Court Disposition

Orders granted as sought by the Plaintiff

Orders

  • Restraining orders made over property interests of Prasun Chandra Gupta, Karishma Gupta and Innovative Flowers & Gifts Pty Ltd under s 10A
  • Defendants to be examined on oath before the Registrar under ss 12(1)(b) and 12(1)(b1)