New South Wales Crime Commission v Zaouk [2015] NSWSC 690

New South Wales Crime Commission v Zaouk [2015] NSWSC 690

On the evidentiary material, the authorised officer's suspicions that Mr Zaouk was engaged in serious crime were reasonably held; because s 10A(5) required the Court to make a restraining order in those circumstances, and the defendant and property were within the jurisdiction, the orders sought by the Commission should be made.

Jurisdiction
Australia
Judgment Date
21 May 2015
Procedural Posture
Application by Summons for Restraining Orders Pursuant to S 10 a of the Criminal Assets Recovery Act 1990 / Ex Parte Hearing
Outcome
Orders made as per the Short Minutes of Order.
Legal Topics
['restraining Orders' 'serious Crime Related Activity' 'drug Supply' 'ex Parte Application']
['proceeds of Crime' 'criminal Assets Recovery'] ['restraining Orders' 'serious Crime Related Activity' 'drug Supply' 'ex Parte Application']

Case Brief

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Procedural Posture

Application by Summons for Restraining Orders Pursuant to S 10 a of the Criminal Assets Recovery Act 1990 / Ex Parte Hearing

Legal Issues

  1. 1 ["Whether the authorised officer's suspicion that the defendant was engaged in serious crime was reasonably held." 'Whether the Court was required to make restraining orders under s 10A of the Criminal Assets Recovery Act 1990.' 'Whether the defendant was ordinarily resident in New South Wales and the property sought to be restrained was located within the jurisdiction.']

Ratio Decidendi

On the evidentiary material, the authorised officer's suspicions that Mr Zaouk was engaged in serious crime were reasonably held; because s 10A(5) required the Court to make a restraining order in those circumstances, and the defendant and property were within the jurisdiction, the orders sought by the Commission should be made.

Court Disposition

Orders made as per the Short Minutes of Order.

Orders

  • ['Orders contained at prayers 1-5 and 7 of the summons were made.' 'Short Minutes of Order were signed.' 'Orders were made restraining dealings in interests in property listed in Schedules 1, 2, 3 and 4 to the Summons of 20 May 2015.']