New South Wales Crime Commission v Kane (No 2) [2015] NSWSC 1650

New South Wales Crime Commission v Kane (No 2) [2015] NSWSC 1650

The circumstances of the case—absence of evidence linking defendant’s other properties to serious crime derived property or criminal activity, and property held in common with family members—engage the s 10A(4) discretion, requiring the Commission to give notice to the defendant before the restraining order can be considered.

Parties
Plaintiff: New South Wales Crime Commission; Defendant: David Stuart Kane
Jurisdiction
Australia
Judgment Date
29 October 2015
Procedural Posture
Civil / Interim Application; Ex Parte Orders; Directions Hearing
Outcome
Commission required to serve notice of application for restraining order; directions set for hearing.
Legal Topics
Ex Parte Orders, Criminal Assets Recovery Act, Notice Requirements, Restraining Orders
Civil Procedure Criminal Law Ex Parte Orders Criminal Assets Recovery Act Notice Requirements Restraining Orders

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Parties

New South Wales Crime Commission

Plaintiff

David Stuart Kane

Defendant

Procedural Posture

Civil / Interim Application; Ex Parte Orders; Directions Hearing

Legal Issues

  1. 1 Whether the defendant should be notified of application for restraining order under s 10A(4) Criminal Assets Recovery Act 1990 (NSW)
  2. 2 Whether there are reasonable grounds to link serious crime derived property to defendant's interest in four additional properties

Ratio Decidendi

The circumstances of the case—absence of evidence linking defendant’s other properties to serious crime derived property or criminal activity, and property held in common with family members—engage the s 10A(4) discretion, requiring the Commission to give notice to the defendant before the restraining order can be considered.

Court Disposition

Commission required to serve notice of application for restraining order; directions set for hearing.

Orders

  • Under s 10A(4) Criminal Assets Recovery Act 1990 (NSW) plaintiff to serve defendant with summons, statement of facts and circumstances, proposed order, prior order regarding Dural property, and Camilleri non-publication order by 5 November 2015.
  • Matter listed for directions before Campbell J at 9:30 am 12 November 2015.