New South Wales Crime Commission v Spooner [2019] NSWSC 1500

New South Wales Crime Commission v Spooner [2019] NSWSC 1500

The Court made the orders sought because the application was properly supported, Ms Bourne was an authorised officer and had reasonable grounds to suspect that Mr Spooner had engaged in serious crime related activity, the evidence provided a sufficient basis for the restraining and related orders, and the circumstances justified proceeding ex parte.

Jurisdiction
Australia
Judgment Date
16 August 2019
Procedural Posture
Application for Restraining Order and Related Orders Under the Criminal Assets Recovery Act 1990 (nsw) / Ex Parte Hearing Instanter
Outcome
Orders provided with the summons for relief made.
Legal Topics
['restraining Order' 'ex Parte Application' 'serious Crime Related Activity' 'proceeds of Crime' 'money Laundering' 'assets Forfeiture Order' 'proceeds Assessment Order' 'unexplained Wealth Order']
['criminal Procedure' 'criminal Assets Recovery'] ['restraining Order' 'ex Parte Application' 'serious Crime Related Activity' 'proceeds of Crime' 'money Laundering' 'assets Forfeiture Order' 'proceeds Assessment Order' 'unexplained Wealth Order']

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Procedural Posture

Application for Restraining Order and Related Orders Under the Criminal Assets Recovery Act 1990 (nsw) / Ex Parte Hearing Instanter

Legal Issues

  1. 1 ['Whether the New South Wales Crime Commission could proceed instanter and ex parte on the summons.' "Whether there were reasonable grounds for the authorised officer's suspicion that Jason Christopher Spooner had engaged in serious crime related activity." 'Whether a restraining order and ancillary orders should be made in respect of interests in property of Jason Christopher Spooner.' 'Whether there was sufficient basis for orders relating to assets forfeiture, proceeds assessment and unexplained wealth.']

Ratio Decidendi

The Court made the orders sought because the application was properly supported, Ms Bourne was an authorised officer and had reasonable grounds to suspect that Mr Spooner had engaged in serious crime related activity, the evidence provided a sufficient basis for the restraining and related orders, and the circumstances justified proceeding ex parte.

Court Disposition

Orders provided with the summons for relief made.

Orders

  • ['The orders provided with the summons for relief were made.' 'The order was executed under seal and a copy was provided to the Commission.']