New South Wales Crime Commission v Giordano [2020] NSWSC 1526

New South Wales Crime Commission v Giordano [2020] NSWSC 1526

On the evidence, including sworn affidavit and police statements, there are reasonable grounds to suspect Luca Giordano engaged in serious crime related activity. The statutory requirements for making a restraining order and for appointing the NSW Trustee and Guardian to take control of relevant property are satisfied. The matter was properly dealt with ex parte.

Parties
Plaintiff: New South Wales Crime Commission; Defendant: Luca Giordano
Jurisdiction
Australia
Judgment Date
09 July 2020
Procedural Posture
Application for Restraining Order / Ex Parte Hearing and Orders
Outcome
Restraining order granted; ancillary orders made.
Legal Topics
Restraining Orders, Serious Crime Related Activity, Ex Parte Application, Proceeds of Crime
Criminal Law Asset Forfeiture Restraining Orders Serious Crime Related Activity Ex Parte Application Proceeds of Crime

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Parties

New South Wales Crime Commission

Plaintiff

Luca Giordano

Defendant

Procedural Posture

Application for Restraining Order / Ex Parte Hearing and Orders

Legal Issues

  1. 1 Whether sufficient grounds exist for making a restraining order under ss 10A and 10B of the Criminal Assets Recovery Act 1990 (NSW) against property of Luca Giordano
  2. 2 Whether circumstances require an order for the NSW Trustee and Guardian to take control of the restrained property
  3. 3 Whether the application was appropriately dealt with ex parte

Ratio Decidendi

On the evidence, including sworn affidavit and police statements, there are reasonable grounds to suspect Luca Giordano engaged in serious crime related activity. The statutory requirements for making a restraining order and for appointing the NSW Trustee and Guardian to take control of relevant property are satisfied. The matter was properly dealt with ex parte.

Court Disposition

Restraining order granted; ancillary orders made.

Orders

  • Restraining order made under ss 10A and 10B of the Criminal Assets Recovery Act 1990 (NSW)
  • Ancillary orders made under s 12 of the Criminal Assets Recovery Act 1990 (NSW)