New South Wales Crimes Commission v Maleki [2018] NSWSC 349

New South Wales Crimes Commission v Maleki [2018] NSWSC 349

The affidavit established reasonable grounds for the authorised officer's suspicion that each defendant had engaged in serious crime-related activities, and the Court was satisfied that the jurisdictional preconditions for the ex parte orders sought that day were met.

Jurisdiction
Australia
Judgment Date
01 March 2018
Procedural Posture
Summons Seeking Orders Under the Criminal Assets Recovery Act 1990 / Ex Parte Application for Interim Restraining, Control, Examination and Statement of Affairs Orders
Outcome
Orders made ex parte restraining dealings with the defendants' property interests, requiring examinations and statements of affairs, and directing the New South Wales Trustee and Guardian to take control of specified property interests.
Legal Topics
['interim Restraining Orders' 'freezing Assets' 'criminal Assets Recovery' 'serious Crime Related Activities' 'proceeds of Crime' 'examination Orders' 'unexplained Wealth Orders']
['confiscation of Assets' 'criminal Law' 'civil Procedure'] ['interim Restraining Orders' 'freezing Assets' 'criminal Assets Recovery' 'serious Crime Related Activities' 'proceeds of Crime' 'examination Orders' 'unexplained Wealth Orders']

Case Brief

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Procedural Posture

Summons Seeking Orders Under the Criminal Assets Recovery Act 1990 / Ex Parte Application for Interim Restraining, Control, Examination and Statement of Affairs Orders

Legal Issues

  1. 1 ["Whether the jurisdictional preconditions were satisfied for ex parte orders under the Criminal Assets Recovery Act 1990 restraining dealings with the defendants' interests in property." 'Whether orders should be made for examination on oath, statements of affairs, and control of property by the New South Wales Trustee and Guardian.']

Ratio Decidendi

The affidavit established reasonable grounds for the authorised officer's suspicion that each defendant had engaged in serious crime-related activities, and the Court was satisfied that the jurisdictional preconditions for the ex parte orders sought that day were met.

Court Disposition

Orders made ex parte restraining dealings with the defendants' property interests, requiring examinations and statements of affairs, and directing the New South Wales Trustee and Guardian to take control of specified property interests.

Orders

  • ['Pursuant to section 10A of the Criminal Assets Recovery Act 1990 no person, other than any registered mortgagee dealing with its right under the registered mortgage, is to dispose of, attempt to dispose of, or otherwise deal with any interest in property of Ali Reza Maleki, including the interests specified in...