NSW Crime Commission v Christopher Mihelic [2015] NSWSC 166

NSW Crime Commission v Christopher Mihelic [2015] NSWSC 166

There were reasonable grounds supporting the suspicion that Christopher Mihelic was engaged in serious crime related activities, thus justifying the making of restraining orders ex parte as provided by s.10A of the Criminal Assets Recovery Act 1990 to preserve property pending further proceedings.

Jurisdiction
Australia
Judgment Date
05 March 2015
Procedural Posture
Application by Summons / Interlocutory (ex Parte) Application for Restraining Order
Outcome
Application granted
Legal Topics
['confiscation of Proceeds of Crime' 'restraining Order' 'reasonable Suspicion' 'ex Parte Order']
['criminal Law'] ['confiscation of Proceeds of Crime' 'restraining Order' 'reasonable Suspicion' 'ex Parte Order']

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Procedural Posture

Application by Summons / Interlocutory (ex Parte) Application for Restraining Order

Legal Issues

  1. 1 ['Whether there are reasonable grounds for suspicion to justify a restraining order under s.10A Criminal Assets Recovery Act 1990' 'Whether the application may be determined ex parte' 'Whether notice to the defendant can be dispensed with in the circumstances']

Ratio Decidendi

There were reasonable grounds supporting the suspicion that Christopher Mihelic was engaged in serious crime related activities, thus justifying the making of restraining orders ex parte as provided by s.10A of the Criminal Assets Recovery Act 1990 to preserve property pending further proceedings.

Court Disposition

Application granted

Orders

  • ['No person (other than a registered mortgagee) is to deal with specified interests in property of Christopher Mihelic as listed in Schedules One and Two, pursuant to s.10A of the Criminal Assets Recovery Act 1990.' 'Christopher Mihelic to be examined on oath before the Registrar concerning his property interests.'...