New South Wales Crime Commission v Shamaileh [2013] NSWSC 258

New South Wales Crime Commission v Shamaileh [2013] NSWSC 258

The funds in the ABA account constitute illegally acquired property and, based on evidence, the defendant has assets available for liquidation. The defendant failed to satisfy statutory requirements for release of restrained funds for legal or living expenses.

Jurisdiction
Australia
Judgment Date
26 March 2013
Procedural Posture
Notice of Motion / Dismissal of Notice of Motion Seeking Variation of Restraining Order
Outcome
Notice of motion dismissed
Legal Topics
['variation of Restraining Order' 'legal and Living Expenses' 'illegally Acquired Property']
['criminal Law' 'asset Recovery'] ['variation of Restraining Order' 'legal and Living Expenses' 'illegally Acquired Property']

Case Brief

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Procedural Posture

Notice of Motion / Dismissal of Notice of Motion Seeking Variation of Restraining Order

Legal Issues

  1. 1 ['Whether funds restrained are illegally acquired property under the Criminal Assets Recovery Act 1990' 'Whether defendant can access other funds for reasonable legal expenses' 'Whether claim for reasonable living expenses is satisfied']

Ratio Decidendi

The funds in the ABA account constitute illegally acquired property and, based on evidence, the defendant has assets available for liquidation. The defendant failed to satisfy statutory requirements for release of restrained funds for legal or living expenses.

Court Disposition

Notice of motion dismissed

Orders

  • ['Notice of Motion seeking variation of restraining order dismissed']