Application of the New South Wales Crime Commission; In the matter of Noji [2022] NSWSC 898

Application of the New South Wales Crime Commission; In the matter of Noji [2022] NSWSC 898

The Court was satisfied, on the affidavit and supporting material including police documents about alleged proceeds of crime, drug supply and the discovery of substantial cash and methylamphetamine at premises occupied by the defendant, that there was a reasonable belief on the part of the authorised officer...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
17 June 2022
Procedural Posture
Civil Confiscation of Proceeds of Crime / Ex Parte Summons for Restraining Orders and Ancillary Orders Under S 10 a of the Criminal Assets Recovery Act 1990 (nsw)
Outcome
Restraining and related orders were made in part; ancillary examination and financial statement orders were refused.
Legal Topics
['restraining Orders' 'ex Parte Application' 'serious Crime Related Activity' 'examination Orders' 'financial Circumstances Statement' 'extant Criminal Proceedings']
['civil' 'confiscation of Proceeds of Crime'] ['restraining Orders' 'ex Parte Application' 'serious Crime Related Activity' 'examination Orders' 'financial Circumstances Statement' 'extant Criminal Proceedings']

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 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil Confiscation of Proceeds of Crime / Ex Parte Summons for Restraining Orders and Ancillary Orders Under S 10 a of the Criminal Assets Recovery Act 1990 (nsw)

Legal Issues

  1. 1 ["Whether it was appropriate to deal with the Commission's application ex parte." 'Whether the authorised officer had a reasonable belief that the defendant was involved in serious crime related activity so as to support restraining orders over nominated property.' 'Whether ancillary orders for examination and a statement of financial circumstances should be made ex parte while criminal proceedings appeared to be extant.']

Ratio Decidendi

The Court was satisfied, on the affidavit and supporting material including police documents about alleged proceeds of crime, drug supply and the discovery of substantial cash and methylamphetamine at premises occupied by the defendant, that there was a reasonable belief on the part of the authorised officer supporting restraining orders. However, it was not appropriate to make examination and financial statement orders ex parte while the criminal proceedings appeared to be extant.

Court Disposition

Restraining and related orders were made in part; ancillary examination and financial statement orders were refused.

Orders

  • ['The Court makes orders 1, 4, 6, 7, 8 and 9 in accordance with the short minutes of orders filed by the plaintiff on 17 June 2022.' 'Orders 2, 3 and 5 are declined.']