New South Wales Crime Commission v Malik [2023] NSWSC 643

New South Wales Crime Commission v Malik [2023] NSWSC 643

The affidavit evidence established reasonable grounds for Mr Wen's suspicion that the defendant had engaged in serious crime-related activity and provided a sufficient and proper basis for the restraining and ancillary orders sought in the Short Minutes of Order, which were narrower than the orders originally sought.

Jurisdiction
Australia
Judgment Date
07 June 2023
Procedural Posture
Application for Restraining Order and Ancillary Orders Under the Criminal Assets Recovery Act 1990 (nsw) / Ex Parte Application; Orders Made
Outcome
Restraining order and ancillary orders made; the Commission did not press inclusion of the $100,000 bail security funds.
Legal Topics
['restraining Order' 'ancillary Orders' 'ex Parte Orders' 'serious Crime Related Activity' 'examination on Oath' 'control of Property']
['criminal Procedure' 'criminal Assets Recovery' 'proceeds of Crime'] ['restraining Order' 'ancillary Orders' 'ex Parte Orders' 'serious Crime Related Activity' 'examination on Oath' 'control of Property']

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

Application for Restraining Order and Ancillary Orders Under the Criminal Assets Recovery Act 1990 (nsw) / Ex Parte Application; Orders Made

Legal Issues

  1. 1 ["Whether there were reasonable grounds for the authorised officer's suspicion that Danish Nazir Malik had engaged in serious crime-related activity." 'Whether the affidavit evidence established a sufficient and proper basis for the restraining and ancillary orders sought.' 'Whether the Court could make an order under s 10A of the Criminal Assets Recovery Act 1990 (NSW) in respect of bail security funds, which the Commission ultimately did not press.']

Ratio Decidendi

The affidavit evidence established reasonable grounds for Mr Wen's suspicion that the defendant had engaged in serious crime-related activity and provided a sufficient and proper basis for the restraining and ancillary orders sought in the Short Minutes of Order, which were narrower than the orders originally sought.

Court Disposition

Restraining order and ancillary orders made; the Commission did not press inclusion of the $100,000 bail security funds.

Orders

  • ['Pursuant to s 10A of the Criminal Assets Recovery Act 1990, no person other than any registered mortgagee dealing with rights 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 Danish Nazir Malik, including the...