New South Wales Crime Commission v Paterson [2021] NSWSC 284

New South Wales Crime Commission v Paterson [2021] NSWSC 284

The Court was satisfied that the affidavit established the statutory prerequisites for restraining orders, including that Ms Bourne was an authorised officer of the plaintiff and held a suspicion, grounded in police information and the annexed statement of facts, that the defendant had engaged in serious crime-related activity. The restraining orders were therefore made.

Jurisdiction
Australia
Judgment Date
17 March 2021
Procedural Posture
Ex Parte Application for Restraining Orders Under Ss 10 and 10 a of the Criminal Assets Recovery Act 1990 (nsw) / Procedural Ruling
Outcome
Restraining orders made; application for ancillary orders under s 12 withdrawn; non-publication order made until service.
Legal Topics
['restraining Orders' 'ex Parte Orders' 'serious Crime Related Activity' 'proceeds of Crime']
['criminal Law' 'criminal Assets Recovery'] ['restraining Orders' 'ex Parte Orders' 'serious Crime Related Activity' 'proceeds of Crime']

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Procedural Posture

Ex Parte Application for Restraining Orders Under Ss 10 and 10 a of the Criminal Assets Recovery Act 1990 (nsw) / Procedural Ruling

Legal Issues

  1. 1 ['Whether the statutory prerequisites for making restraining orders under ss 10 and 10A of the Criminal Assets Recovery Act 1990 (NSW) were established on the ex parte application.' "Whether the information in the affidavit was capable of grounding the authorised officer's suspicion that the defendant had engaged in serious crime-related activity."]

Ratio Decidendi

The Court was satisfied that the affidavit established the statutory prerequisites for restraining orders, including that Ms Bourne was an authorised officer of the plaintiff and held a suspicion, grounded in police information and the annexed statement of facts, that the defendant had engaged in serious crime-related activity. The restraining orders were therefore made.

Court Disposition

Restraining orders made; application for ancillary orders under s 12 withdrawn; non-publication order made until service.

Orders

  • ['Orders made in accordance with draft orders 1, 4, 7, 8, 9 and 10 in the document provided by the plaintiff.' 'No publication of the orders until the Crime Commission has served the restraining orders on the defendant and any other relevant or interested party.']