New South Wales Crime Commission v Osman [2014] NSWSC 312

New South Wales Crime Commission v Osman [2014] NSWSC 312

The Court was satisfied from the affidavit material, including the police fact sheet confirmed by its author and the COPS database, that there were reasonable grounds for the authorised officer's suspicion that Mohammed Osman had engaged in serious crime-related activities. The Court was also satisfied that there were reasonable grounds for the suspicion that Tony Osman's interest in the Audi motor vehicle was serious crime derived property, that the defendants were domiciled in New South Wales, and that the relevant property was situated in New South Wales. Because of evidence about the speed and manner in which property can be disposed of or transferred, the Court did not consider that...

Jurisdiction
Australia
Judgment Date
21 March 2014
Procedural Posture
Interlocutory Applications / Ex Parte Notice of Motion to Join a Second Defendant, Amend the Summons, and Obtain Restraining and Ancillary Orders Under the Criminal Assets Recovery Act 1990
Outcome
Orders made joining Mohammed Osman as Second Defendant, restraining dealings with specified property, requiring examinations and verified statements, placing specified interests under control of the New South Wales Trustee and Guardian, granting leave to amend the summons, and granting liberty to apply.
Legal Topics
['restraining Orders' 'serious Crime Derived Property' 'proceeds of Serious Crime Related Activity' 'unexplained Wealth' 'joinder of Parties' 'ex Parte Application']
['criminal Law' 'proceeds of Crime'] ['restraining Orders' 'serious Crime Derived Property' 'proceeds of Serious Crime Related Activity' 'unexplained Wealth' 'joinder of Parties' 'ex Parte Application']

Case Brief

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Procedural Posture

Interlocutory Applications / Ex Parte Notice of Motion to Join a Second Defendant, Amend the Summons, and Obtain Restraining and Ancillary Orders Under the Criminal Assets Recovery Act 1990

Legal Issues

  1. 1 ['Whether Mohammed Osman should be joined as Second Defendant and the summons amended.' "Whether there were reasonable grounds for an authorised officer's suspicion that Mohammed Osman had engaged in serious crime-related activities." "Whether there were reasonable grounds to suspect Tony Osman's interest in the Audi motor vehicle was serious crime derived property." 'Whether notice should be given to the defendants before making restraining orders.' 'Whether ancillary examination, statement, and control orders should be made.']

Ratio Decidendi

The Court was satisfied from the affidavit material, including the police fact sheet confirmed by its author and the COPS database, that there were reasonable grounds for the authorised officer's suspicion that Mohammed Osman had engaged in serious crime-related activities. The Court was also satisfied that there were reasonable grounds for the suspicion that Tony Osman's interest in the Audi motor vehicle was serious crime derived property, that the defendants were domiciled in New South Wales, and that the relevant property was situated in New South Wales. Because of evidence about the speed and manner in which property can be disposed of or transferred, the Court did not consider that...

Court Disposition

Orders made joining Mohammed Osman as Second Defendant, restraining dealings with specified property, requiring examinations and verified statements, placing specified interests under control of the New South Wales Trustee and Guardian, granting leave to amend the summons, and granting liberty to apply.

Orders

  • ['Pursuant to Rule 6.24 of the Uniform Civil Procedure Rules 2005 Mohammed Osman (also known as Mohammad Osmankerim) be joined as the Second Defendant to these proceedings.' 'Pursuant to section 10A of the Criminal Assets Recovery Act 1990 no person, other than any registered mortgagee dealing with its right under...