NSW Crime Commission v Bloom [2018] NSWSC 2013

NSW Crime Commission v Bloom [2018] NSWSC 2013

The Court was satisfied that notice of the ex parte application was neither necessary nor appropriate, that the application was supported by the affidavit of an authorised officer, and that the affidavit and Statement of Facts provided reasonable grounds for the suspicions that Mr Bloom had engaged in serious crime related activity. Because the statutory conditions under s 10A(5) of the Criminal Assets Recovery Act 1990 (NSW) were met, the Court was required to make the restraining order sought. The Court was also satisfied that it was appropriate for the New South Wales Trustee and Guardian to take control of the seized cash and to make the ancillary orders sought.

Jurisdiction
Australia
Judgment Date
20 December 2018
Procedural Posture
Proceeds of Crime Application for Restraining Orders Under the Criminal Assets Recovery Act 1990 (nsw) / Ex Parte Application
Outcome
Orders made in the form sought by the New South Wales Crime Commission.
Legal Topics
['restraining Orders' 'ex Parte Applications' 'serious Crime Related Activity' 'control of Seized Cash' 'examination and Statement of Affairs']
['proceeds of Crime' 'criminal Assets Recovery'] ['restraining Orders' 'ex Parte Applications' 'serious Crime Related Activity' 'control of Seized Cash' 'examination and Statement of Affairs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Proceeds of Crime Application for Restraining Orders Under the Criminal Assets Recovery Act 1990 (nsw) / Ex Parte Application

Legal Issues

  1. 1 ['Whether notice of the ex parte application should be required under s 10A(4) of the Criminal Assets Recovery Act 1990 (NSW).' 'Whether the conditions in s 10A(5) of the Criminal Assets Recovery Act 1990 (NSW) for making the restraining order sought by the Commission were satisfied.' 'Whether the New South Wales Trustee and Guardian should take control of seized cash.' 'Whether ancillary orders for examination and provision of a verified statement should be made.']

Ratio Decidendi

The Court was satisfied that notice of the ex parte application was neither necessary nor appropriate, that the application was supported by the affidavit of an authorised officer, and that the affidavit and Statement of Facts provided reasonable grounds for the suspicions that Mr Bloom had engaged in serious crime related activity. Because the statutory conditions under s 10A(5) of the Criminal Assets Recovery Act 1990 (NSW) were met, the Court was required to make the restraining order sought. The Court was also satisfied that it was appropriate for the New South Wales Trustee and Guardian to take control of the seized cash and to make the ancillary orders sought.

Court Disposition

Orders made in the form sought by the New South Wales Crime Commission.

Orders

  • ['Pursuant to section 10A of the Criminal Assets Recovery Act 1990 no person, other than any registered mortgagee dealing with its right to do so under the registered mortgage, is to dispose of, attempt to dispose of, otherwise deal with or attempt to otherwise deal with any interest in property of Craig William...