New South Wales Crime Commission v Pettit [2019] NSWSC 675

New South Wales Crime Commission v Pettit [2019] NSWSC 675

The affidavit of an authorised officer established reasonable grounds for suspicion that the defendant had engaged in serious criminal activity; accordingly, restraining and related orders were granted under Criminal Assets Recovery Act 1990 (NSW), without prior notice to the defendant due to risk of asset disposal.

Parties
Plaintiff: New South Wales Crime Commission; Defendant: Maxwell Harrie Pettit
Jurisdiction
Australia
Judgment Date
06 June 2019
Procedural Posture
Restraining Order Application / Interlocutory Orders
Outcome
Restraining and related orders granted without prior notice to the defendant; further proceedings stood over for mention.
Legal Topics
Proceeds of Crime, Restraining Orders, Unexplained Wealth, Serious Crime Related Activity
Criminal Law Civil Procedure Proceeds of Crime Restraining Orders Unexplained Wealth Serious Crime Related Activity

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Parties

New South Wales Crime Commission

Plaintiff

Maxwell Harrie Pettit

Defendant

Procedural Posture

Restraining Order Application / Interlocutory Orders

Legal Issues

  1. 1 Whether reasonable grounds for suspicion exist for a restraining order under s 10A Criminal Assets Recovery Act 1990 (NSW)
  2. 2 Whether orders should be made without prior notice to the defendant

Ratio Decidendi

The affidavit of an authorised officer established reasonable grounds for suspicion that the defendant had engaged in serious criminal activity; accordingly, restraining and related orders were granted under Criminal Assets Recovery Act 1990 (NSW), without prior notice to the defendant due to risk of asset disposal.

Court Disposition

Restraining and related orders granted without prior notice to the defendant; further proceedings stood over for mention.

Orders

  • No person (other than any registered mortgagee) is to dispose of or deal with any interest in property of Maxwell Harrie Pettit, including specified properties (s 10A Criminal Assets Recovery Act 1990).
  • Maxwell Harrie Pettit shall be examined on oath before a Registrar regarding his affairs (s 12(1)(b)(i) Criminal Assets Recovery Act 1990).