Application of the New South Wales Crime Commission; In the matter of Nossiter [2022] NSWSC 1471

Application of the New South Wales Crime Commission; In the matter of Nossiter [2022] NSWSC 1471

The Court was satisfied, on the basis of evidence provided (affidavit and supporting documents), that an authorised officer had reasonable grounds to suspect that the defendant was involved in serious crime-related activity and that the restrained property was serious crime-derived; accordingly, made restraining orders ex parte pursuant to s 10A.

Jurisdiction
Australia
Judgment Date
13 October 2022
Procedural Posture
Application for Restraining Orders (proceeds of Crime) / Ex Parte Initial Application and Order
Outcome
Restraining orders and ancillary orders (as specified) made ex parte. Costs in the cause.
Legal Topics
['restraining Orders' 'ancillary Orders' 'ex Parte Applications' 'serious Crime Related Activity' 'supply of Prohibited Drugs']
['criminal Law' 'proceeds of Crime'] ['restraining Orders' 'ancillary Orders' 'ex Parte Applications' 'serious Crime Related Activity' 'supply of Prohibited Drugs']

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Procedural Posture

Application for Restraining Orders (proceeds of Crime) / Ex Parte Initial Application and Order

Legal Issues

  1. 1 ['Whether there are reasonable grounds to suspect the defendant engaged in serious crime-related activity' 'Whether property is serious crime-derived property under the Criminal Assets Recovery Act 1990 (NSW)' 'Whether restraint and ancillary orders should be made']

Ratio Decidendi

The Court was satisfied, on the basis of evidence provided (affidavit and supporting documents), that an authorised officer had reasonable grounds to suspect that the defendant was involved in serious crime-related activity and that the restrained property was serious crime-derived; accordingly, made restraining orders ex parte pursuant to s 10A.

Court Disposition

Restraining orders and ancillary orders (as specified) made ex parte. Costs in the cause.

Orders

  • ["Orders 1, 5, 7, 8, 9, and 10 of the applicant's draft orders made (relating to restraint of property and ancillary matters)." 'Orders 2, 3, 4, and 6 not made.' 'Costs in the cause.']