New South Wales Crime Commission v Sharobeem [2017] NSWSC 82

New South Wales Crime Commission v Sharobeem [2017] NSWSC 82

There were reasonable grounds for suspicion, supported by an affidavit and corroborative evidence, that Eman Sharobeem engaged in serious crime related activity. The urgency and risk of asset dissipation justified making restraining and examination orders ex parte.

Parties
Plaintiff: New South Wales Crime Commission; Defendant: Eman Sharobeem; Witness: Richard Sharobeem; Witness: Charlie Sharobeem
Jurisdiction
Australia
Judgment Date
14 February 2017
Procedural Posture
Ex Parte Civil Application / Interlocutory Order (restraining Orders, Examination Orders)
Outcome
Orders granted as sought, ex parte.
Legal Topics
Proceeds of Crime, Restraining Orders, Unexplained Wealth, Examination Orders
Criminal Law Civil Procedure Proceeds of Crime Restraining Orders Unexplained Wealth Examination Orders

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Parties

New South Wales Crime Commission

Plaintiff

Eman Sharobeem

Defendant

Richard Sharobeem

Witness

Charlie Sharobeem

Witness

Procedural Posture

Ex Parte Civil Application / Interlocutory Order (restraining Orders, Examination Orders)

Legal Issues

  1. 1 Whether restraining orders should be granted over property of Eman Sharobeem under section 10A of the Criminal Assets Recovery Act 1990 (NSW)
  2. 2 Whether there are reasonable grounds for suspicion that Eman Sharobeem engaged in serious crime related activity as defined by the Act
  3. 3 Whether orders should be made ex parte without prior notice to the defendant

Ratio Decidendi

There were reasonable grounds for suspicion, supported by an affidavit and corroborative evidence, that Eman Sharobeem engaged in serious crime related activity. The urgency and risk of asset dissipation justified making restraining and examination orders ex parte.

Court Disposition

Orders granted as sought, ex parte.

Orders

  • Pursuant to section 10A of the Criminal Assets Recovery Act 1990, restraining orders over property interests of Eman Sharobeem.
  • Eman Sharobeem and specified persons to be examined on oath before a Registrar regarding property interests.