New South Wales Crime Commission v Strickland [2018] NSWSC 251

New South Wales Crime Commission v Strickland [2018] NSWSC 251

The affidavit evidence of an authorised officer provides a sufficient basis for reasonable suspicion that the defendant engaged in serious crime related activity, satisfying the jurisdictional test for making restraining orders under the Act.

Parties
Plaintiff: NSW Crime Commission; Defendant: James Alexander Strickland; Non Party Examinee: Belynda Pobjoy
Jurisdiction
Australia
Judgment Date
27 February 2018
Procedural Posture
Application for Restraining Order (civil Confiscation) / Interlocutory Orders
Outcome
Restraining and consequential orders made; non-publication order granted
Legal Topics
Restraining Orders, Asset Forfeiture, Unexplained Wealth, Money Laundering, Drug Offences
Criminal Law Confiscation of Assets Civil Procedure Restraining Orders Asset Forfeiture Unexplained Wealth Money Laundering Drug Offences

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 2 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

NSW Crime Commission

Plaintiff

James Alexander Strickland

Defendant

Belynda Pobjoy

Non Party Examinee

Procedural Posture

Application for Restraining Order (civil Confiscation) / Interlocutory Orders

Legal Issues

  1. 1 Whether there are reasonable grounds to suspect the defendant engaged in serious crime related activity justifying the making of restraining orders under the Criminal Assets Recovery Act 1990

Ratio Decidendi

The affidavit evidence of an authorised officer provides a sufficient basis for reasonable suspicion that the defendant engaged in serious crime related activity, satisfying the jurisdictional test for making restraining orders under the Act.

Court Disposition

Restraining and consequential orders made; non-publication order granted

Orders

  • No person other than any registered mortgagee is to dispose of or deal with any interest in property of James Alexander Strickland, including specified property (Order 1).
  • James Alexander Strickland shall be examined on oath before a Registrar of the Court concerning his affairs and property interests (Order 2).