New South Wales Crime Commission v McDonald [2017] NSWSC 517

The statutory requirements under s 10A(5) were satisfied by the affidavit and supporting evidence; reasonable grounds for suspicion were established, warranting the making of restraining orders.

Jurisdiction: Australia
Judgment Date: 01 May 2017
Procedural Posture: Application for Restraining Orders / Ex Parte Application in Chambers
Outcome: Restraining orders made pursuant to s 10A; further orders made as sought in short minutes
Legal Topics: ['restraining Orders' 'criminal Assets' 'drug Related Offences']

['criminal Law' 'proceeds of Crime'] ['restraining Orders' 'criminal Assets' 'drug Related Offences']

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Procedural Posture

Application for Restraining Orders / Ex Parte Application in Chambers

Legal Issues

1 ['Whether restraining orders should be made under s 10A Criminal Assets Recovery Act 1990 (NSW)' 'Whether notice to defendants was required' 'Whether reasonable grounds for suspicion exist as per statutory criteria']

Ratio Decidendi

The statutory requirements under s 10A(5) were satisfied by the affidavit and supporting evidence; reasonable grounds for suspicion were established, warranting the making of restraining orders.

Court Disposition

Restraining orders made pursuant to s 10A; further orders made as sought in short minutes

Orders

['Restraining orders made pursuant to s 10A of the Criminal Assets Recovery Act 1990 (NSW)' 'Further orders made as sought in short minutes']