New South Wales Crime Commission v Fox and Lynch [2017] NSWSC 83

New South Wales Crime Commission v Fox and Lynch [2017] NSWSC 83

The affidavit of authorised officer Katie Elaine Bourne, together with the police facts sheet and financial analyst searches, provided reasonable grounds for the suspicion that the Defendants had committed serious crime-related offences. Because property could be disposed of quickly without restraint, the Court was satisfied the orders should be made without prior notice to the Defendants, subject to the Plaintiff's usual undertaking as to damages.

Jurisdiction
Australia
Judgment Date
14 February 2017
Procedural Posture
Application for Restraining Orders Under the Criminal Assets Recovery Act 1990 (nsw) / Ex Parte Application; Procedural and Other Ruling
Outcome
Restraining orders and related examination, control, disclosure, liberty and directions orders made ex parte.
Legal Topics
['restraining Orders' 'unexplained Wealth Order Assessment' 'serious Crime Related Activity' 'ex Parte Orders']
['criminal Law' 'proceeds of Crime'] ['restraining Orders' 'unexplained Wealth Order Assessment' 'serious Crime Related Activity' 'ex Parte Orders']

Case Brief

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Procedural Posture

Application for Restraining Orders Under the Criminal Assets Recovery Act 1990 (nsw) / Ex Parte Application; Procedural and Other Ruling

Legal Issues

  1. 1 ['Whether the Court must make restraining orders under s 10A of the Criminal Assets Recovery Act 1990 (NSW) pending an assessment in relation to an unexplained wealth order.' "Whether the authorised officer's suspicion that the Defendants engaged in serious crime-related activity was supported by reasonable grounds." 'Whether the orders should be made without prior notice to the Defendants.']

Ratio Decidendi

The affidavit of authorised officer Katie Elaine Bourne, together with the police facts sheet and financial analyst searches, provided reasonable grounds for the suspicion that the Defendants had committed serious crime-related offences. Because property could be disposed of quickly without restraint, the Court was satisfied the orders should be made without prior notice to the Defendants, subject to the Plaintiff's usual undertaking as to damages.

Court Disposition

Restraining orders and related examination, control, disclosure, liberty and directions orders made ex parte.

Orders

  • ['Upon the Plaintiff giving the usual undertaking as to damages, and considering that there are reasonable grounds for the suspicion stated in the affidavit of Katie Elaine Bourne, the Court made the orders.' 'Pursuant to section 10A of the Criminal Assets Recovery Act 1990 no person, other than any registered...