New South Wales Crime Commission v Khan [2019] NSWSC 1499

New South Wales Crime Commission v Khan [2019] NSWSC 1499

There were reasonable grounds for the authorised officer’s suspicion that the defendant engaged in serious crime related activity, justifying the making of the restraining order, proceeds assessment order, and unexplained wealth order on an ex parte basis.

Source-derived case information.

Parties
Plaintiff: New South Wales Crime Commission; Defendant: Azeem Khan
Jurisdiction
Australia
Judgment Date
16 August 2019
Procedural Posture
Ex Parte Application for Restraining Order / Interlocutory Hearing; Ex Parte Orders Made
Outcome
Orders made as sought in the summons for relief.
Legal Topics
Restraining Order, Ex Parte Application, Proceeds Assessment Order, Unexplained Wealth Order
Criminal Procedure Proceeds of Crime Restraining Order Ex Parte Application Proceeds Assessment Order Unexplained Wealth Order

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Parties

New South Wales Crime Commission

Plaintiff

Azeem Khan

Defendant

Procedural Posture

Ex Parte Application for Restraining Order / Interlocutory Hearing; Ex Parte Orders Made

Legal Issues

  1. 1 Whether there are reasonable grounds to suspect the defendant has engaged in serious crime related activity supporting a restraining order under the Criminal Assets Recovery Act 1990 (NSW)
  2. 2 Whether the evidence supports the making of a proceeds assessment order and an unexplained wealth order against the defendant
  3. 3 Whether the matter was suitable to proceed ex parte

Ratio Decidendi

There were reasonable grounds for the authorised officer’s suspicion that the defendant engaged in serious crime related activity, justifying the making of the restraining order, proceeds assessment order, and unexplained wealth order on an ex parte basis.

Court Disposition

Orders made as sought in the summons for relief.

Orders

  • Restraining order made under Criminal Assets Recovery Act 1990 (NSW)
  • Proceeds assessment order made under s 27