NSW Crime Commission v Agius [2018] NSWSC 1957

NSW Crime Commission v Agius [2018] NSWSC 1957

The Court was persuaded, for the reasons in the supporting affidavit, that it was neither necessary nor appropriate to require notice of the ex parte application. The affidavit gave reasonable grounds for the authorised officer's suspicion that Mr Agius had engaged in serious crime-related activity, and the conditions in s 10A were clearly satisfied, so the Court was required to make the restraining order and considered the examination order appropriate.

Jurisdiction
Australia
Judgment Date
29 November 2018
Procedural Posture
Application for Restraining Orders Under the Criminal Assets Recovery Act 1990 (nsw) / Ex Parte Application; Procedural Ruling
Outcome
Leave granted to file the summons, statement of facts and circumstances and affidavit; orders 1 to 9 made.
Legal Topics
['restraining Orders' 'ex Parte Application' 'notice to Interested Persons' 'examination on Oath' 'property Control Orders']
['proceeds of Crime' 'criminal Assets Recovery'] ['restraining Orders' 'ex Parte Application' 'notice to Interested Persons' 'examination on Oath' 'property Control Orders']

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Procedural Posture

Application for Restraining Orders Under the Criminal Assets Recovery Act 1990 (nsw) / Ex Parte Application; Procedural Ruling

Legal Issues

  1. 1 ['Whether the Commission should be required to give notice of the ex parte application to a sufficiently interested person under s 10A(4) of the Criminal Assets Recovery Act 1990 (NSW).' 'Whether the statutory conditions for making a restraining order under s 10A of the Criminal Assets Recovery Act 1990 (NSW) were satisfied.' 'Whether Craig Anthony Agius should be examined on oath under s 12(1)(b)(i) of the Criminal Assets Recovery Act 1990 (NSW).']

Ratio Decidendi

The Court was persuaded, for the reasons in the supporting affidavit, that it was neither necessary nor appropriate to require notice of the ex parte application. The affidavit gave reasonable grounds for the authorised officer's suspicion that Mr Agius had engaged in serious crime-related activity, and the conditions in s 10A were clearly satisfied, so the Court was required to make the restraining order and considered the examination order appropriate.

Court Disposition

Leave granted to file the summons, statement of facts and circumstances and affidavit; orders 1 to 9 made.

Orders

  • ['Grant leave to the Plaintiff to file in court the summons dated 28 November 2018, the statement of facts and circumstances and the affidavit of Katie Elaine Bourne sworn 28 November 2018.' 'Pursuant to section 10A of the Criminal Assets Recovery Act 1990 no person (other than any registered mortgagee dealing with...