New South Wales Crime Commission v Nye [2016] NSWSC 300

New South Wales Crime Commission v Nye [2016] NSWSC 300

The affidavit and supporting material established reasonable grounds for the suspicion that Mr Nye had engaged in serious crime related activities, satisfying s 10A(5) of the Criminal Assets Recovery Act 1990 (NSW). Because the statutory requirements were met, the Act required the restraining orders in relation to the property to be made; ancillary orders were also appropriate, and the matter could proceed ex parte without notice having regard to the circumstances and the availability of s 10C.

Jurisdiction
Australia
Judgment Date
16 March 2016
Procedural Posture
Application by Summons for Restraining Orders Under S 10 a of the Criminal Assets Recovery Act 1990 (nsw) / Ex Parte Application; Orders Sought Made
Outcome
Orders sought made.
Legal Topics
['restraining Orders' 'ex Parte Application' 'reasonable Grounds for Suspicion' 'serious Crime Related Activities' 'ancillary Orders']
['criminal Law' 'criminal Assets Recovery' 'civil Procedure'] ['restraining Orders' 'ex Parte Application' 'reasonable Grounds for Suspicion' 'serious Crime Related Activities' 'ancillary Orders']

Case Brief

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Procedural Posture

Application by Summons for Restraining Orders Under S 10 a of the Criminal Assets Recovery Act 1990 (nsw) / Ex Parte Application; Orders Sought Made

Legal Issues

  1. 1 ["Whether there were reasonable grounds for the authorised officer's suspicions that the defendant had engaged in serious crime related activities within the meaning of the Criminal Assets Recovery Act 1990 (NSW)." 'Whether restraining orders under s 10A and ancillary orders under ss 12(1) and 27 of the Criminal Assets Recovery Act 1990 (NSW) should be made ex parte without notice to the defendant.']

Ratio Decidendi

The affidavit and supporting material established reasonable grounds for the suspicion that Mr Nye had engaged in serious crime related activities, satisfying s 10A(5) of the Criminal Assets Recovery Act 1990 (NSW). Because the statutory requirements were met, the Act required the restraining orders in relation to the property to be made; ancillary orders were also appropriate, and the matter could proceed ex parte without notice having regard to the circumstances and the availability of s 10C.

Court Disposition

Orders sought made.

Orders

  • ['Leave granted to file the summons of 16 March 2016.' 'Orders made in the terms sought.' 'A copy of the judgment is to be served with the orders.']