New South Wales Crime Commission v Sayah [2017] NSWSC 1369

New South Wales Crime Commission v Sayah [2017] NSWSC 1369

The affidavit evidence established that notice was neither necessary nor appropriate because notice could enable disposal of assets, and it satisfied the statutory requirements by providing reasonable grounds for suspicion that the defendant had engaged in serious crime related activity involving supplying prohibited drugs; accordingly, the Court was required to make the restraining order sought.

Jurisdiction
Australia
Judgment Date
19 September 2017
Procedural Posture
Application for Restraining Orders Under S 10 a of the Criminal Assets Recovery Act 1990 (nsw) / Ex Parte Application
Outcome
Restraining order made
Legal Topics
['application for Restraining Orders' 'ex Parte Application' 'notice of Application' 'serious Crime Related Activity' 'supplying a Prohibited Drug']
['proceeds of Crime' 'criminal Assets Recovery'] ['application for Restraining Orders' 'ex Parte Application' 'notice of Application' 'serious Crime Related Activity' 'supplying a Prohibited Drug']

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Procedural Posture

Application for Restraining Orders Under S 10 a of the Criminal Assets Recovery Act 1990 (nsw) / Ex Parte Application

Legal Issues

  1. 1 ['Whether the Commission should be required to give notice of the ex parte application to any person with a sufficient interest in the application.' 'Whether the affidavit evidence established the matters required for the Court to make a restraining order under s 10A of the Criminal Assets Recovery Act 1990 (NSW).']

Ratio Decidendi

The affidavit evidence established that notice was neither necessary nor appropriate because notice could enable disposal of assets, and it satisfied the statutory requirements by providing reasonable grounds for suspicion that the defendant had engaged in serious crime related activity involving supplying prohibited drugs; accordingly, the Court was required to make the restraining order sought.

Court Disposition

Restraining order made

Orders

  • ['Orders one to nine made in the form of order handed up.']