New South Wales Crime Commission v Gregory Dunn [2017] NSWSC 98

New South Wales Crime Commission v Gregory Dunn [2017] NSWSC 98

There are reasonable grounds for suspicion that the defendant has engaged in serious crime related activities, and the urgency of the orders justifies them being made ex parte.

Jurisdiction
Australia
Judgment Date
16 February 2017
Procedural Posture
Ex Parte Application for Restraining Order / Interlocutory Orders Issued
Outcome
Restraining orders granted ex parte against defendant's property and interests; orders for examination, verified statement, liberty to apply, directions, and costs.
Legal Topics
['proceeds of Crime' 'restraining Orders' 'unexplained Wealth Orders']
['criminal Law' 'civil Procedure'] ['proceeds of Crime' 'restraining Orders' 'unexplained Wealth Orders']

Case Brief

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Procedural Posture

Ex Parte Application for Restraining Order / Interlocutory Orders Issued

Legal Issues

  1. 1 ['Whether there are reasonable grounds to grant restraining orders over property under section 10A of the Criminal Assets Recovery Act 1990 (NSW)' 'Whether application should proceed without prior notice to the defendant']

Ratio Decidendi

There are reasonable grounds for suspicion that the defendant has engaged in serious crime related activities, and the urgency of the orders justifies them being made ex parte.

Court Disposition

Restraining orders granted ex parte against defendant's property and interests; orders for examination, verified statement, liberty to apply, directions, and costs.

Orders

  • ['Pursuant to section 10A of the Criminal Assets Recovery Act 1990, no person (except registered mortgagees exercising their rights) may dispose of, attempt to dispose of, or otherwise deal with any interest in property of Gregory Joseph Dunn, including those specified in Schedules One and Two.' 'Gregory Joseph Dunn...