New South Wales Crime Commission v Cohen [2018] NSWSC 215

Procedural Posture

Ex Parte Application for Restraining Orders Under the Criminal Assets Recovery Act 1990 (nsw) / On the Papers; Orders Made

Legal Issues

1. 1 ["Whether there were reasonable grounds for the authorised officer's suspicion that Aharon Cohen had engaged in serious crime related activity within s 6 of the Criminal Assets Recovery Act 1990 (NSW)." "Whether restraining orders under ss 10A and 12(1) of the Criminal Assets Recovery Act 1990 (NSW) should be made in relation to Mr Cohen's interests in the identified property." 'Whether the application should be dealt with ex parte without notice to Mr Cohen, Kylie Elizabeth Cohen or Gregory John Sloane.']

Ratio Decidendi

The material relied on by the Commission, including the affidavit, Facts Sheet, database searches and evidence of charges for drug supply offences, established reasonable grounds for the relevant suspicions under s 10A(5) of the Criminal Assets Recovery Act 1990 (NSW). Because those requirements were met, the Act required the restraining orders to be made, and the risk of dealings with property justified proceeding ex parte without notice.

Court Disposition

Orders in terms sought made.

Orders

• ['Restraining orders under ss 10A and 12(1) of the Criminal Assets Recovery Act 1990 (NSW) made in relation to the identified property.' 'The Commission is to serve a copy of the judgment on Mr Cohen, Ms Cohen and Mr Sloane.']