New South Wales Crimes Commission v Warren Richards [2010] NSWSC 1399

New South Wales Crimes Commission v Warren Richards [2010] NSWSC 1399

Reasons should be given for granting ex parte restraining orders under s10A of the Criminal Assets Recovery Act 1990, and the affidavit and factual material provided reasonable grounds for suspicion that Mr Richards engaged in serious crime related activity, mandating the granting of the restraining order.

Jurisdiction
Australia
Judgment Date
30 November 2010
Procedural Posture
Ex Parte Application for Restraining Order / Principal Judgment
Outcome
Application granted
Legal Topics
['restraining Orders Under Criminal Assets Recovery Act' 'serious Crime Related Activity' 'prohibited Drug Supply']
['criminal Law' 'criminal Procedure' 'asset Forfeiture'] ['restraining Orders Under Criminal Assets Recovery Act' 'serious Crime Related Activity' 'prohibited Drug Supply']

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Procedural Posture

Ex Parte Application for Restraining Order / Principal Judgment

Legal Issues

  1. 1 ['Is the obligation to give reasons for an ex parte restraining order under s10A of the Criminal Assets Recovery Act 1990 present after legislative amendment?' 'Are there reasonable grounds for suspicion that Warren Richards engaged in serious crime related activity as required for a restraining order under s10A?']

Ratio Decidendi

Reasons should be given for granting ex parte restraining orders under s10A of the Criminal Assets Recovery Act 1990, and the affidavit and factual material provided reasonable grounds for suspicion that Mr Richards engaged in serious crime related activity, mandating the granting of the restraining order.

Court Disposition

Application granted

Orders

  • ['A restraining order in respect of the property of Mr Warren Richards granted under s10A of the Criminal Assets Recovery Act 1990.' 'Orders for the examination on oath of Mr Richards and Michelle Richards granted.' 'Ancillary orders as sought in paragraphs 4, 5, 6, 7 and 8 of the form of orders provided by Ms...