Application of the New South Wales Crime Commission; In the matter of Nash [2022] NSWSC 896

Application of the New South Wales Crime Commission; In the matter of Nash [2022] NSWSC 896

The affidavit of the authorised officer, including the police facts sheet and correspondence, established the required suspicion that the defendant had engaged in serious crime related activities, including dealing with property suspected of being proceeds of crime, so the restraining orders should be made ex parte. The Court was not satisfied that it was appropriate to make the examination orders or financial statement order at that ex parte stage.

Jurisdiction
Australia
Judgment Date
17 June 2022
Procedural Posture
Civil Confiscation of Proceeds of Crime Application for Restraining Orders Under the Criminal Assets Recovery Act 1990 (nsw) / Ex Parte Application by Summons for Interim Restraining Orders and Related Orders
Outcome
Restraining orders made ex parte; examination orders refused.
Legal Topics
['restraining Orders' 'ex Parte Applications' 'serious Crime Related Activities' 'dealing With Property Suspected of Being Proceeds of Crime' 'examination Orders']
['civil Procedure' 'confiscation of Proceeds of Crime' 'criminal Assets Recovery'] ['restraining Orders' 'ex Parte Applications' 'serious Crime Related Activities' 'dealing With Property Suspected of Being Proceeds of Crime' 'examination Orders']

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Procedural Posture

Civil Confiscation of Proceeds of Crime Application for Restraining Orders Under the Criminal Assets Recovery Act 1990 (nsw) / Ex Parte Application by Summons for Interim Restraining Orders and Related Orders

Legal Issues

  1. 1 ['Whether the Court should make ex parte restraining orders under s 10A of the Criminal Assets Recovery Act 1990 (NSW).' 'Whether the Court should make orders for examination on oath by a registrar and require the defendant to provide a statement of financial circumstances under s 12(1)(c) of the Criminal Assets Recovery Act 1990 (NSW).']

Ratio Decidendi

The affidavit of the authorised officer, including the police facts sheet and correspondence, established the required suspicion that the defendant had engaged in serious crime related activities, including dealing with property suspected of being proceeds of crime, so the restraining orders should be made ex parte. The Court was not satisfied that it was appropriate to make the examination orders or financial statement order at that ex parte stage.

Court Disposition

Restraining orders made ex parte; examination orders refused.

Orders

  • ['The Court makes orders 1, 4, 6, 7, 8 and 9 in accordance with the short minutes of order filed by the plaintiff on 17 June 2022.' 'Liberty is granted to both parties in accordance with order 6.' 'The Court refused to make the examination orders sought.']