NSW CRIME COMMISSION v. MAMMONE [2003] NSWSC 950

NSW CRIME COMMISSION v. MAMMONE [2003] NSWSC 950

The restraining order should not be set aside because, even though some asserted grounds for suspicion were inaccurate, the remaining accurate grounds (specifically the conviction for shooting with intent to cause grievous bodily harm) provided sufficient basis under the statute. The Act mandates the court to make...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
28 October 2003
Procedural Posture
Civil / Application to Set Aside Restraining Order
Outcome
Application to set aside restraining order declined.
Legal Topics
['proceeds of Crime' 'restraining Order' 'ex Parte Orders' 'duty of Disclosure' 'criminal Assets Recovery Act']
['criminal Law' 'civil Procedure'] ['proceeds of Crime' 'restraining Order' 'ex Parte Orders' 'duty of Disclosure' 'criminal Assets Recovery Act']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Application to Set Aside Restraining Order

Legal Issues

  1. 1 ['Whether a restraining order made ex parte under Criminal Assets Recovery Act 1990 should be dissolved due to inaccurate evidence' 'Effect of statutory regime on common law or equity practices for ex parte orders' 'Whether insufficient disclosure or mistake warrants setting aside the restraining order']

Ratio Decidendi

The restraining order should not be set aside because, even though some asserted grounds for suspicion were inaccurate, the remaining accurate grounds (specifically the conviction for shooting with intent to cause grievous bodily harm) provided sufficient basis under the statute. The Act mandates the court to make the restraining order if such grounds exist and does not provide for revocation in these circumstances unless there is fraud or abuse.

Court Disposition

Application to set aside restraining order declined.

Orders

  • ["The respondent's claim for relief is refused." 'Parties directed to bring in short minutes within seven days as to appropriate orders consequent on the judgment.']