NSW Crime Commission v Pearce [2018] NSWSC 2014

NSW Crime Commission v Pearce [2018] NSWSC 2014

Because the application was supported by an affidavit of an authorised officer, the affidavit established the officer's suspicion that the defendant had engaged in serious crime related activity by supplying prohibited drugs contrary to s 25(1) of the Drug Misuse and Trafficking Act 1985 (NSW), and there were reasonable grounds for that suspicion at least in respect of the past matters for which the defendant had been dealt with, the prescriptive terms of s 10A required the Court to make the restraining order. Notice was not required because the evidence established a risk of dissipation of assets.

Jurisdiction
Australia
Judgment Date
18 December 2018
Procedural Posture
Application for Restraining Orders Under the Criminal Assets Recovery Act 1990 (nsw) / Ex Parte Application
Outcome
Leave granted to file the summons, statement of facts and circumstances relied on, and the affidavit of Katie Elaine Bourne sworn 18 December 2018; restraining and ancillary orders made.
Legal Topics
['restraining Orders' 'ex Parte Applications' 'serious Crime Related Activity' 'risk of Dissipation of Assets']
['proceeds of Crime' 'criminal Assets Recovery'] ['restraining Orders' 'ex Parte Applications' 'serious Crime Related Activity' 'risk of Dissipation of Assets']

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether notice should be required to be given to a sufficiently interested person despite the ex parte application.' 'Whether the statutory conditions in s 10A(5) of the Criminal Assets Recovery Act 1990 (NSW) were satisfied for a restraining order.' "Whether there were reasonable grounds for the authorised officer's suspicion that the defendant had engaged in serious crime related activity, including past matters and expected forthcoming charges." 'Whether ancillary examination and disclosure orders should be made.']

Ratio Decidendi

Because the application was supported by an affidavit of an authorised officer, the affidavit established the officer's suspicion that the defendant had engaged in serious crime related activity by supplying prohibited drugs contrary to s 25(1) of the Drug Misuse and Trafficking Act 1985 (NSW), and there were reasonable grounds for that suspicion at least in respect of the past matters for which the defendant had been dealt with, the prescriptive terms of s 10A required the Court to make the restraining order. Notice was not required because the evidence established a risk of dissipation of assets.

Court Disposition

Leave granted to file the summons, statement of facts and circumstances relied on, and the affidavit of Katie Elaine Bourne sworn 18 December 2018; restraining and ancillary orders made.

Orders

  • ['Grant leave to the Crime Commission to file in court the summons, statement of facts and circumstances relied on and the affidavit of Katie Elaine Bourne, sworn 18 December 2018.' 'Pursuant to section 10A of the Criminal Assets Recovery Act 1990 no person, other than any registered mortgagee dealing with its right...