New South Wales Crime Commission v De Jonk [2016] NSWSC 1668

New South Wales Crime Commission v De Jonk [2016] NSWSC 1668

The affidavit and underlying evidence reasonably justify suspicion that the Defendant has engaged in serious crime-related activity, satisfying statutory requirements for restraining and ancillary orders under the Criminal Assets Recovery Act 1990 (NSW).

Jurisdiction
Australia
Judgment Date
23 November 2016
Procedural Posture
Ex Parte Application for Restraining and Related Orders Under Criminal Assets Recovery Act 1990 (nsw) / Interlocutory Orders Granted, Balance of Summons Stood Over for Mention
Outcome
Restraining and related orders granted as sought; balance of summons stood over for mention.
Legal Topics
['proceeds of Crime' 'restraining Orders' 'unexplained Wealth']
['criminal Law'] ['proceeds of Crime' 'restraining Orders' 'unexplained Wealth']

Case Brief

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Procedural Posture

Ex Parte Application for Restraining and Related Orders Under Criminal Assets Recovery Act 1990 (nsw) / Interlocutory Orders Granted, Balance of Summons Stood Over for Mention

Legal Issues

  1. 1 ['Whether reasonable grounds exist for suspicion that the Defendant engaged in serious crime-related activity' 'Whether restraining orders and ancillary orders should be made ex parte under Criminal Assets Recovery Act 1990 (NSW)']

Ratio Decidendi

The affidavit and underlying evidence reasonably justify suspicion that the Defendant has engaged in serious crime-related activity, satisfying statutory requirements for restraining and ancillary orders under the Criminal Assets Recovery Act 1990 (NSW).

Court Disposition

Restraining and related orders granted as sought; balance of summons stood over for mention.

Orders

  • ['No person (other than any registered mortgagee) is to dispose of or otherwise deal with any interest in property of the Defendant, including specified property.' 'The Defendant shall be examined on oath before a Registrar concerning his affairs and property interests.' 'Plaintiff granted leave to obtain Registry...