New South Wales Crime Commission v Elsheik [2022] NSWSC 1046

New South Wales Crime Commission v Elsheik [2022] NSWSC 1046

The Court was satisfied, on the affidavit of an authorised officer and the annexed police fact sheet, that there were reasonable grounds for the suspicion that the defendant had engaged in serious crime related activity involving dealing with property suspected of being proceeds of crime. Given the risk that property may be disposed of at short notice and the nature of the specified property, it was appropriate to make the restraining and control orders without prior notice to the defendant.

Jurisdiction
Australia
Judgment Date
05 August 2022
Procedural Posture
Application for Restraining Order Under the Criminal Assets Recovery Act 1990 (nsw) / Ex Parte Procedural Ruling
Outcome
Orders made for the plaintiff.
Legal Topics
['proceeds of Crime' 'restraining Orders' 'criminal Assets Recovery' 'money Laundering' 'ex Parte Orders']
['criminal Law'] ['proceeds of Crime' 'restraining Orders' 'criminal Assets Recovery' 'money Laundering' 'ex Parte Orders']

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Procedural Posture

Application for Restraining Order Under the Criminal Assets Recovery Act 1990 (nsw) / Ex Parte Procedural Ruling

Legal Issues

  1. 1 ['Whether a restraining order should be made under s 10A of the Criminal Assets Recovery Act 1990 (NSW).' 'Whether there were reasonable grounds for the suspicion stated in the affidavit of the authorised officer.' 'Whether orders should be made without prior notice to the defendant.' "Whether the New South Wales Trustee and Guardian should take control of the defendant's interests in the specified property."]

Ratio Decidendi

The Court was satisfied, on the affidavit of an authorised officer and the annexed police fact sheet, that there were reasonable grounds for the suspicion that the defendant had engaged in serious crime related activity involving dealing with property suspected of being proceeds of crime. Given the risk that property may be disposed of at short notice and the nature of the specified property, it was appropriate to make the restraining and control orders without prior notice to the defendant.

Court Disposition

Orders made for the plaintiff.

Orders

  • ['Upon the plaintiff giving the usual undertaking as to damages, no person other than any registered mortgagee dealing with its right under the registered mortgage is to dispose of, attempt to dispose of, or otherwise deal with or attempt to otherwise deal with any interest in property of Aleh Elsheikh, including...