NSW Crime Commission v Rogers [2018] NSWSC 1964

NSW Crime Commission v Rogers [2018] NSWSC 1964

Given the evidence in the supporting affidavit and statutory requirements, the Court is satisfied the conditions for making restraining orders over property, and for examination and ancillary relief orders, are met. The orders must be made as sought.

Parties
Plaintiff: NSW Crime Commission; First Defendant: Rosemary Margaret Rogers; Second Defendant: Anthony Thomas Rogers
Jurisdiction
Australia
Judgment Date
30 November 2018
Procedural Posture
Application for Restraining Orders / Ex Parte Hearing and Orders
Outcome
Restraining orders granted; examination and ancillary orders made; directions hearing listed.
Legal Topics
Restraining Orders, Asset Forfeiture, Examination Orders
Proceeds of Crime Criminal Law Restraining Orders Asset Forfeiture Examination Orders

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Parties

NSW Crime Commission

Plaintiff

Rosemary Margaret Rogers

First Defendant

Anthony Thomas Rogers

Second Defendant

Procedural Posture

Application for Restraining Orders / Ex Parte Hearing and Orders

Legal Issues

  1. 1 Whether the statutory conditions for issuing restraining orders under Criminal Assets Recovery Act 1990 (NSW) s 10A are satisfied
  2. 2 Whether there are reasonable grounds to suspect Rosemary Margaret Rogers of relevant offences
  3. 3 Whether Anthony Thomas Rogers acquired crime-derived property

Ratio Decidendi

Given the evidence in the supporting affidavit and statutory requirements, the Court is satisfied the conditions for making restraining orders over property, and for examination and ancillary relief orders, are met. The orders must be made as sought.

Court Disposition

Restraining orders granted; examination and ancillary orders made; directions hearing listed.

Orders

  • No person other than a registered mortgagee is to dispose of or deal with property interests of Rosemary Margaret Rogers as specified.
  • No person other than a registered mortgagee is to dispose of or deal with property interests of Anthony Thomas Rogers as specified.