New South Wales Crime Commission v Maxwell [2014] NSWSC 1382

New South Wales Crime Commission v Maxwell [2014] NSWSC 1382

The material relied on established reasonable grounds for the authorised officer's suspicion that the defendant had engaged in serious crime related activities, so s 10A(5) required the restraining orders to be made; the evidence also justified proceeding ex parte and making ancillary orders, with service on other joint tenants and liberty to apply because their interests may be affected.

Jurisdiction
Australia
Judgment Date
25 September 2014
Procedural Posture
Application for Restraining Orders Under the Criminal Assets Recovery Act 1990 (nsw) / Ex Parte Application in Chambers
Outcome
Restraining and ancillary orders made ex parte; additional service and liberty to apply orders made.
Legal Topics
['restraining Orders' 'ex Parte Applications' 'serious Crime Related Activities' 'ancillary Orders' 'joint Tenants']
['criminal Law' 'criminal Assets Recovery' 'civil Procedure'] ['restraining Orders' 'ex Parte Applications' 'serious Crime Related Activities' 'ancillary Orders' 'joint Tenants']

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Procedural Posture

Application for Restraining Orders Under the Criminal Assets Recovery Act 1990 (nsw) / Ex Parte Application in Chambers

Legal Issues

  1. 1 ["Whether there were reasonable grounds for the authorised officer's suspicion that the defendant had engaged in serious crime related activities within the meaning of the Criminal Assets Recovery Act 1990 (NSW)." "Whether restraining orders and ancillary orders should be made in relation to the defendant's interests in property." 'Whether the application should be dealt with ex parte without notice to the defendant.' 'Whether the orders should be served on the other joint tenants of the Wilton and Berridale properties with liberty to apply.']

Ratio Decidendi

The material relied on established reasonable grounds for the authorised officer's suspicion that the defendant had engaged in serious crime related activities, so s 10A(5) required the restraining orders to be made; the evidence also justified proceeding ex parte and making ancillary orders, with service on other joint tenants and liberty to apply because their interests may be affected.

Court Disposition

Restraining and ancillary orders made ex parte; additional service and liberty to apply orders made.

Orders

  • ['Orders made in the terms sought.' 'The orders be served on the other joint tenants of the Wilton and Berridale properties.' "They have liberty to apply to the Court on 3 days' notice." 'A copy of these reasons be served with the orders.']