Application of the New South Wales Crime Commission; In the matter of Ryan [2022] NSWSC 897

Application of the New South Wales Crime Commission; In the matter of Ryan [2022] NSWSC 897

The affidavit and annexed police facts sheet provided reasonable grounds for the authorised officer's suspicion that the defendant had engaged in relevant crime related activity, so the prerequisites for restraining orders were established; however, ancillary examination or disclosure orders should not be made ex...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
17 June 2022
Procedural Posture
Civil Confiscation of Proceeds of Crime Proceedings Seeking Restraining Orders Under S 10 a of the Criminal Assets Recovery Act 1990 (nsw) / Ex Parte Application
Outcome
Restraining orders and facilitating orders made; ancillary examination or disclosure orders refused.
Legal Topics
['restraining Orders' 'ex Parte Orders' 'examination Orders' 'criminal Assets Recovery' 'extant Criminal Proceedings']
['civil Procedure' 'confiscation of Proceeds of Crime'] ['restraining Orders' 'ex Parte Orders' 'examination Orders' 'criminal Assets Recovery' 'extant Criminal Proceedings']

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Procedural Posture

Civil Confiscation of Proceeds of Crime Proceedings Seeking Restraining Orders Under S 10 a of the Criminal Assets Recovery Act 1990 (nsw) / Ex Parte Application

Legal Issues

  1. 1 ['Whether the prerequisites for ex parte restraining orders under s 10A of the Criminal Assets Recovery Act 1990 (NSW) were established.' 'Whether ancillary ex parte orders requiring the defendant in extant criminal proceedings to be examined on oath or make disclosures should be made.']

Ratio Decidendi

The affidavit and annexed police facts sheet provided reasonable grounds for the authorised officer's suspicion that the defendant had engaged in relevant crime related activity, so the prerequisites for restraining orders were established; however, ancillary examination or disclosure orders should not be made ex parte while criminal proceedings were extant.

Court Disposition

Restraining orders and facilitating orders made; ancillary examination or disclosure orders refused.

Orders

  • ['The Court makes orders 1, 6, 7, 8 and 9 in accordance with the short minutes of order filed by the plaintiff on 17 June 2022.']