New South Wales Crime Commission v Yacoub [2018] NSWSC 254

New South Wales Crime Commission v Yacoub [2018] NSWSC 254

The Commission established, via affidavit evidence and attached materials, reasonable suspicion that the defendant engaged in serious crime related activity, specifically dealing with proceeds of crime, satisfying the statutory requirements for the restraining orders sought under the Criminal Assets Recovery Act 1990.

Parties
Plaintiff: New South Wales Crime Commission; Defendant: Simon Yacoub
Jurisdiction
Australia
Judgment Date
27 February 2018
Procedural Posture
Application for Restraining and Non Publication Orders / Ex Parte Interlocutory Orders
Outcome
Restraining and related orders granted ex parte with non-publication for two weeks.
Legal Topics
Restraining Order, Non Publication Order, Criminal Assets Recovery, Money Laundering
Confiscation of Assets Criminal Law Restraining Order Non Publication Order Criminal Assets Recovery Money Laundering

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Parties

New South Wales Crime Commission

Plaintiff

Simon Yacoub

Defendant

Procedural Posture

Application for Restraining and Non Publication Orders / Ex Parte Interlocutory Orders

Legal Issues

  1. 1 Whether the jurisdictional gateway for restraining orders under the Criminal Assets Recovery Act 1990 is satisfied
  2. 2 Whether there are reasonable grounds for suspicion of serious crime related activity justifying orders under the Act

Ratio Decidendi

The Commission established, via affidavit evidence and attached materials, reasonable suspicion that the defendant engaged in serious crime related activity, specifically dealing with proceeds of crime, satisfying the statutory requirements for the restraining orders sought under the Criminal Assets Recovery Act 1990.

Court Disposition

Restraining and related orders granted ex parte with non-publication for two weeks.

Orders

  • No person (other than any registered mortgagee dealing with its right to do so under the registered mortgage) is to dispose of, or attempt to dispose of, or otherwise deal with or attempt to otherwise deal with any interest in property of Simon Yacoub, including the interest in property in the property specified in...
  • Simon Yacoub shall be examined on oath before a Registrar concerning his affairs, including the nature and location of any property in which he has an interest.