New South Wales Crime Commission v Redshaw [2017] NSWSC 444

New South Wales Crime Commission v Redshaw [2017] NSWSC 444

The affidavit and supporting material established reasonable grounds for the authorised officer's suspicions that Mr Redshaw had engaged in serious crime related activity, including supplying prohibited drugs and knowingly dealing with proceeds of crime. Given the risk that property could be dealt with to defeat the Act and the availability of subsequent relief to affected persons, it was appropriate to hear the matter ex-parte and the Act required the restraining orders to be made.

Jurisdiction
Australia
Judgment Date
20 April 2017
Procedural Posture
Ex Parte Summons Seeking Restraining Orders Under the Criminal Assets Recovery Act 1990 (nsw) / On the Papers; Orders Made
Outcome
Orders in terms sought made.
Legal Topics
['restraining Orders' 'ex Parte Applications' 'serious Crime Related Activity' 'criminal Assets Recovery']
['criminal Law' 'procedure' 'proceeds of Crime'] ['restraining Orders' 'ex Parte Applications' 'serious Crime Related Activity' 'criminal Assets Recovery']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Ex Parte Summons Seeking Restraining Orders Under the Criminal Assets Recovery Act 1990 (nsw) / On the Papers; Orders Made

Legal Issues

  1. 1 ["Whether there were reasonable grounds for the suspicions deposed to by the Commission's authorised officer for the purposes of s 10A(5) of the Criminal Assets Recovery Act 1990 (NSW)." 'Whether the application should be dealt with ex-parte without notice to Mr Redshaw.' 'Whether the restraining orders and related orders sought under the Criminal Assets Recovery Act 1990 (NSW) should be made.']

Ratio Decidendi

The affidavit and supporting material established reasonable grounds for the authorised officer's suspicions that Mr Redshaw had engaged in serious crime related activity, including supplying prohibited drugs and knowingly dealing with proceeds of crime. Given the risk that property could be dealt with to defeat the Act and the availability of subsequent relief to affected persons, it was appropriate to hear the matter ex-parte and the Act required the restraining orders to be made.

Court Disposition

Orders in terms sought made.

Orders

  • ['Orders made in the terms sought.' 'The Commission is to serve a copy of the judgment on Mr Redshaw and Ms Jenkins.']