New South Wales Crime Commission v Calligas [2024] NSWSC 109

New South Wales Crime Commission v Calligas [2024] NSWSC 109

On the basis of the affidavit evidence and materials provided by NSW Police, there are reasonable grounds for suspicion that the defendant has engaged in serious crime related activities. The statutory criteria for the making of a restraining order under s 10A are satisfied; therefore, restraining orders and related ancillary orders are appropriate.

Jurisdiction
Australia
Judgment Date
14 February 2024
Procedural Posture
Application for Restraining Order / Interlocutory Orders Granted
Outcome
restraining and examination orders granted ex parte
Legal Topics
['restraining Orders' 'assets Recovery' 'serious Crime Related Activity' 'money Laundering']
['criminal Law' 'proceeds of Crime'] ['restraining Orders' 'assets Recovery' 'serious Crime Related Activity' 'money Laundering']

Case Brief

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Procedural Posture

Application for Restraining Order / Interlocutory Orders Granted

Legal Issues

  1. 1 ['Whether there are reasonable grounds for suspicion the defendant has engaged in serious crime related activity' 'Whether property of the defendant should be restrained under Criminal Assets Recovery Act 1990 (NSW)']

Ratio Decidendi

On the basis of the affidavit evidence and materials provided by NSW Police, there are reasonable grounds for suspicion that the defendant has engaged in serious crime related activities. The statutory criteria for the making of a restraining order under s 10A are satisfied; therefore, restraining orders and related ancillary orders are appropriate.

Court Disposition

restraining and examination orders granted ex parte

Orders

  • ['No person (other than any registered mortgagee) is to dispose of or deal with any interest in property of Anastasios Calligas, as defined and listed in Schedules One and Two, pursuant to section 10A.' 'Anastasios Calligas shall be examined on oath before a Registrar concerning his affairs and property, pursuant to...