New South Wales Crime Commission v Da Silva [2022] NSWSC 1571

New South Wales Crime Commission v Da Silva [2022] NSWSC 1571

The Commission established the statutory grounds for suspicion that the defendant was engaged in serious crime related activity, satisfied all requirements of s 10A and s 12(1) of the Act, and a proper basis was established for ex parte restraining and ancillary orders without notice due to risk of asset disposal.

Parties
Plaintiff: New South Wales Crime Commission; Defendant: Alexandre Vargas Da Silva
Jurisdiction
Australia
Judgment Date
16 November 2022
Procedural Posture
Summons / Ex Parte Application for Restraining and Ancillary Orders
Outcome
Ex parte restraining and ancillary orders granted
Legal Topics
Proceeds of Crime, Restraining Orders, Ancillary Orders, Ex Parte Proceedings
Criminal Law Civil Procedure Proceeds of Crime Restraining Orders Ancillary Orders Ex Parte Proceedings

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Parties

New South Wales Crime Commission

Plaintiff

Alexandre Vargas Da Silva

Defendant

Procedural Posture

Summons / Ex Parte Application for Restraining and Ancillary Orders

Legal Issues

  1. 1 Whether there is a proper basis for a restraining order under the Criminal Assets Recovery Act 1990 (NSW)
  2. 2 Whether ancillary orders are appropriate under s 12(1) of the Act
  3. 3 Whether the requirements of s 10A of the Act are satisfied

Ratio Decidendi

The Commission established the statutory grounds for suspicion that the defendant was engaged in serious crime related activity, satisfied all requirements of s 10A and s 12(1) of the Act, and a proper basis was established for ex parte restraining and ancillary orders without notice due to risk of asset disposal.

Court Disposition

Ex parte restraining and ancillary orders granted

Orders

  • Short minutes of order filed in Court granted providing partial relief under Summons upon usual undertaking as to damages given by the Commission
  • Order for NSW Trustee and Guardian to take control of interests in property specified in Schedule 2 of the Summons