NSW Crime Commission v Dib [2012] NSWSC 99

NSW Crime Commission v Dib [2012] NSWSC 99

Because the affidavit and supporting material justified a reasonable suspicion of engagement in serious crime related activity, the statutory criteria were satisfied, obliging the court to make the restraining order and ancillary orders.

Jurisdiction
Australia
Judgment Date
24 January 2012
Procedural Posture
Application for Restraining Order / Ex Parte Hearing; Determination of Application
Outcome
Application granted
Legal Topics
['confiscation of Criminal Proceeds' 'restraining Orders']
['criminal Law'] ['confiscation of Criminal Proceeds' 'restraining Orders']

Case Brief

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Procedural Posture

Application for Restraining Order / Ex Parte Hearing; Determination of Application

Legal Issues

  1. 1 ['Whether there are reasonable grounds for suspicion that the defendant engaged in serious crime related activity under the Criminal Assets Recovery Act 1990' 'Whether a restraining order should be granted ex parte under s 10A of the Act']

Ratio Decidendi

Because the affidavit and supporting material justified a reasonable suspicion of engagement in serious crime related activity, the statutory criteria were satisfied, obliging the court to make the restraining order and ancillary orders.

Court Disposition

Application granted

Orders

  • ['Restraining order granted under s 10A(5) of the Criminal Assets Recovery Act 1990' 'Ancillary orders made as per paragraphs 2-8 of the draft order']