New South Wales Crime Commission v Cooper [2017] NSWSC 700

New South Wales Crime Commission v Cooper [2017] NSWSC 700

The material relied on by the Commission, including the affidavit and facts sheet, established reasonable grounds for Mr Spark's suspicions that Mr Cooper had engaged in serious crime related activities. Because the requirements of s 10A(5) were met, the Act required that restraining orders be made in relation to...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
02 June 2017
Procedural Posture
Application for Restraining Orders Under S 10 a of the Criminal Assets Recovery Act 1990 (nsw) / Ex Parte Application in Chambers
Outcome
Orders made in the terms sought, as well as ordering that the Commission serve a copy of this judgment on Mr Cooper.
Legal Topics
['restraining Orders' 'ex Parte Orders' 'serious Crime Related Activity' 'drug Supply' 'property Restraint']
['criminal Law' 'civil Procedure' 'criminal Assets Recovery'] ['restraining Orders' 'ex Parte Orders' 'serious Crime Related Activity' 'drug Supply' 'property Restraint']

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Procedural Posture

Application for Restraining Orders Under S 10 a of the Criminal Assets Recovery Act 1990 (nsw) / Ex Parte Application in Chambers

Legal Issues

  1. 1 ["Whether there were reasonable grounds for the authorised officer's suspicions that Mr Cooper had engaged in serious crime related activities within s 6 of the Criminal Assets Recovery Act 1990 (NSW)." "Whether restraining orders under s 10A of the Criminal Assets Recovery Act 1990 (NSW), and related orders under ss 10B and 12(1), should be made over Mr Cooper's property." 'Whether the Commission ought not be required to give notice of the application to Mr Cooper and the application should be dealt with ex-parte.']

Ratio Decidendi

The material relied on by the Commission, including the affidavit and facts sheet, established reasonable grounds for Mr Spark's suspicions that Mr Cooper had engaged in serious crime related activities. Because the requirements of s 10A(5) were met, the Act required that restraining orders be made in relation to the identified property. The evidence also justified proceeding ex-parte without requiring notice to Mr Cooper.

Court Disposition

Orders made in the terms sought, as well as ordering that the Commission serve a copy of this judgment on Mr Cooper.

Orders

  • ['Orders made in the terms sought.' 'The Commission serve a copy of this judgment on Mr Cooper.']