New South Wales Crime Commission v Al-Azawi [2018] NSWSC 1723

New South Wales Crime Commission v Al-Azawi [2018] NSWSC 1723

The affidavit evidence of an authorised officer established reasonable grounds for suspicion that the defendant had engaged in serious crime-related activity, and the Court was satisfied that the statutory requirements for a restraining order under s 10A and ancillary orders under s 12 of the Criminal Assets...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
07 August 2018
Procedural Posture
Application for Restraining Order and Ancillary Orders Under the Criminal Assets Recovery Act 1990 (nsw) / Ex Tempore Judgment on Application; Orders Made on 7 August 2018
Outcome
Orders made in accordance with the Consent Orders initialled, signed and sealed on 7 August 2018.
Legal Topics
['interim Restraining Order' 'serious Crime Related Activity' 'obtaining Financial Advantage by Deception' 'unexplained Wealth Order' 'examination on Oath' 'disclosure of Property and Liabilities']
['criminal Assets Recovery'] ['interim Restraining Order' 'serious Crime Related Activity' 'obtaining Financial Advantage by Deception' 'unexplained Wealth Order' 'examination on Oath' 'disclosure of Property and Liabilities']

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Procedural Posture

Application for Restraining Order and Ancillary Orders Under the Criminal Assets Recovery Act 1990 (nsw) / Ex Tempore Judgment on Application; Orders Made on 7 August 2018

Legal Issues

  1. 1 ['Whether there were reasonable grounds for an authorised officer to suspect that the defendant had engaged in serious crime-related activity.' 'Whether the requirements for a restraining order under s 10A of the Criminal Assets Recovery Act 1990 (NSW) were satisfied.' 'Whether ancillary orders under s 12 of the Criminal Assets Recovery Act 1990 (NSW) should be made concerning sale proceeds, examination on oath, and disclosure of property and liabilities.']

Ratio Decidendi

The affidavit evidence of an authorised officer established reasonable grounds for suspicion that the defendant had engaged in serious crime-related activity, and the Court was satisfied that the statutory requirements for a restraining order under s 10A and ancillary orders under s 12 of the Criminal Assets Recovery Act 1990 (NSW) were met.

Court Disposition

Orders made in accordance with the Consent Orders initialled, signed and sealed on 7 August 2018.

Orders

  • ['Orders under s 10A restraining the use of the property described.' 'Orders under s 12 restraining dealing with the property as a result of the sale of the Villawood property.' 'Orders under s 12(1) that the proceeds, after discharge of any registered mortgage and reasonable costs associated with the sale, be paid...