New South Wales Crime Commission v El-Samad [2021] NSWSC 835

New South Wales Crime Commission v El-Samad [2021] NSWSC 835

There were reasonable grounds for suspicion, based on the authorised officer’s affidavit and supporting materials, that the defendant engaged in serious crime-related activity; consequently, the statutory prerequisites for granting restraining orders were satisfied, and an ex parte order was justified to prevent...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
09 July 2021
Procedural Posture
Application for Restraining Order / Interlocutory – Orders Made Ex Parte
Outcome
Restraining orders granted ex parte pending further orders.
Legal Topics
['restraining Orders' 'criminal Assets Recovery' 'ex Parte Applications']
['criminal Law' 'proceeds of Crime'] ['restraining Orders' 'criminal Assets Recovery' 'ex Parte Applications']

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Procedural Posture

Application for Restraining Order / Interlocutory – Orders Made Ex Parte

Legal Issues

  1. 1 ['Whether there are reasonable grounds for suspicion that the defendant has engaged in serious crime-related activity justifying a restraining order under s 10A of the Criminal Assets Recovery Act 1990 (NSW)' 'Whether orders should be made ex parte']

Ratio Decidendi

There were reasonable grounds for suspicion, based on the authorised officer’s affidavit and supporting materials, that the defendant engaged in serious crime-related activity; consequently, the statutory prerequisites for granting restraining orders were satisfied, and an ex parte order was justified to prevent dissipation of assets.

Court Disposition

Restraining orders granted ex parte pending further orders.

Orders

  • ['No person, other than any registered mortgagee exercising its rights, is to dispose of or deal with any interest in property of Mohamad El-Samad, including those specified in Schedule One, pursuant to section 10A of the Criminal Assets Recovery Act 1990.' 'Mohamad El-Samad is to be examined on oath before a...