New South Wales Crime Commission v Kane [2015] NSWSC 1648

New South Wales Crime Commission v Kane [2015] NSWSC 1648

There were reasonable grounds for suspicion that Mr Kane's interest in the Dural property is derived from serious crime related activity of Mr Camilleri, justifying an ex parte restraining order for that property only. Orders for other property interests require notice to Mr Kane.

Jurisdiction
Australia
Judgment Date
28 October 2015
Procedural Posture
Civil / Ex Parte Application for Restraining and Ancillary Orders
Outcome
Restraining order made ex parte for Dural property; balance adjourned for notice to defendant
Legal Topics
['ex Parte Orders' 'restraining Orders' 'ancillary Relief' 'property Derived From Serious Crime' 'notification Requirements']
['civil Procedure' 'proceeds of Crime'] ['ex Parte Orders' 'restraining Orders' 'ancillary Relief' 'property Derived From Serious Crime' 'notification Requirements']

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Procedural Posture

Civil / Ex Parte Application for Restraining and Ancillary Orders

Legal Issues

  1. 1 ['Whether restraining order should be made ex parte in respect of property interest' 'Whether there are reasonable grounds for suspicion under s 10A(5) Criminal Assets Recovery Act 1990 (NSW)' 'Whether defendant should be notified in relation to property not connected to alleged crime']

Ratio Decidendi

There were reasonable grounds for suspicion that Mr Kane's interest in the Dural property is derived from serious crime related activity of Mr Camilleri, justifying an ex parte restraining order for that property only. Orders for other property interests require notice to Mr Kane.

Court Disposition

Restraining order made ex parte for Dural property; balance adjourned for notice to defendant

Orders

  • ["Restraining order in respect of Mr Kane's interest in the Dural property only" 'Publication of information tending to reveal identity of Mr Camilleri and Mrs Camilleri or evidence prohibited until finalisation of criminal proceedings against them (except for parties and legal representatives)' 'Balance of the...