New South Wales Crime Commission v Calvert [2017] NSWSC 13

New South Wales Crime Commission v Calvert [2017] NSWSC 13

The suspicion that Arthur Calvert had committed offences of supplying prohibited drugs and dealing with proceeds of crime was reasonably held based on police facts sheet and affidavit, justifying the restraining order under s 10A Criminal Assets Recovery Act 1990 (NSW).

Jurisdiction
Australia
Judgment Date
27 January 2017
Procedural Posture
Application for Restraining Order Under Criminal Assets Recovery Act 1990 (nsw) / Interlocutory Order; Initial Application
Outcome
Orders made as sought by Plaintiff, without prior notice to Defendant, restraining dealings with specified property and requiring Defendant to be examined and furnish statements.
Legal Topics
['proceeds of Crime' 'restraining Orders' 'unexplained Wealth Orders']
['criminal Law' 'civil Procedure'] ['proceeds of Crime' 'restraining Orders' 'unexplained Wealth Orders']

Case Brief

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Procedural Posture

Application for Restraining Order Under Criminal Assets Recovery Act 1990 (nsw) / Interlocutory Order; Initial Application

Legal Issues

  1. 1 ['Whether there are reasonable grounds for suspicion that Arthur Calvert is engaged in serious crime related activity or activities' 'Whether a restraining order should be made pending an assessment for unexplained wealth' 'Whether orders should be made without prior notice to the Defendant']

Ratio Decidendi

The suspicion that Arthur Calvert had committed offences of supplying prohibited drugs and dealing with proceeds of crime was reasonably held based on police facts sheet and affidavit, justifying the restraining order under s 10A Criminal Assets Recovery Act 1990 (NSW).

Court Disposition

Orders made as sought by Plaintiff, without prior notice to Defendant, restraining dealings with specified property and requiring Defendant to be examined and furnish statements.

Orders

  • ['Pursuant to section 10A of the Criminal Assets Recovery Act 1990, restraining dealings with property of Arthur Calvert including properties in Schedule One.' "Order under section 10B(2) of the Criminal Assets Recovery Act 1990 for NSW Trustee and Guardian to take control of Calvert's interests in certain...