New South Wales Crime Commission v Asanovic [2023] NSWSC 413

New South Wales Crime Commission v Asanovic [2023] NSWSC 413

Given the affidavit evidence of reasonable suspicion of serious crime related activity and risk of asset dissipation, it is appropriate to make the restraining and related orders sought by the plaintiff ex parte under the provisions of the Criminal Assets Recovery Act 1990.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
29 March 2023
Procedural Posture
Application for Restraining and Related Orders / Ex Parte Proceeding; Orders Made
Outcome
Orders made as sought by the plaintiff; restraining and related orders against the assets and interests of the defendant.
Legal Topics
['restraining Orders' 'criminal Assets Recovery Act 1990' 'ex Parte Orders' 'drug Offences']
['criminal Law' 'asset Recovery'] ['restraining Orders' 'criminal Assets Recovery Act 1990' 'ex Parte Orders' 'drug Offences']

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Procedural Posture

Application for Restraining and Related Orders / Ex Parte Proceeding; Orders Made

Legal Issues

  1. 1 ['Whether restraining and related orders should be made under the Criminal Assets Recovery Act 1990 against Daniel Asanovic' 'Whether the application should proceed ex parte due to concerns of dissipation of assets']

Ratio Decidendi

Given the affidavit evidence of reasonable suspicion of serious crime related activity and risk of asset dissipation, it is appropriate to make the restraining and related orders sought by the plaintiff ex parte under the provisions of the Criminal Assets Recovery Act 1990.

Court Disposition

Orders made as sought by the plaintiff; restraining and related orders against the assets and interests of the defendant.

Orders

  • ['No person may dispose of or otherwise deal with any interest in property of Daniel Asanovic (except registered mortgagee rights) as defined by the Act, including specified property in Schedules One to Three.' 'Daniel Asanovic to be examined on oath before a Registrar concerning his property interests.' 'Rahela...