New South Wales Crime Commission v Eid [2015] NSWSC 1341

New South Wales Crime Commission v Eid [2015] NSWSC 1341

Having read the evidentiary material tendered by the New South Wales Crime Commission, the Court was satisfied that the suspicion held by Mr Spark was reasonably held. Section 10A(5) of the Criminal Assets Recovery Act 1990 therefore required the Court to make the restraining order sought.

Jurisdiction
Australia
Judgment Date
08 September 2015
Procedural Posture
Application by Summons for Restraining Order Under S 10 a of the Criminal Assets Recovery Act 1990 / Ex Parte Hearing; Orders Made
Outcome
Orders made as sought by the plaintiff.
Legal Topics
['restraining Order' 'ex Parte Application' 'serious Crime Related Activities' 'examination on Oath' 'disclosure of Property and Liabilities']
['procedure' 'criminal Assets Recovery'] ['restraining Order' 'ex Parte Application' 'serious Crime Related Activities' 'examination on Oath' 'disclosure of Property and Liabilities']

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Procedural Posture

Application by Summons for Restraining Order Under S 10 a of the Criminal Assets Recovery Act 1990 / Ex Parte Hearing; Orders Made

Legal Issues

  1. 1 ["Whether the authorised officer's suspicion that Milad Eid had been engaged in serious crime related activities was reasonably held for the purposes of s 10A of the Criminal Assets Recovery Act 1990." 'Whether a restraining order and ancillary orders concerning examination and disclosure should be made.']

Ratio Decidendi

Having read the evidentiary material tendered by the New South Wales Crime Commission, the Court was satisfied that the suspicion held by Mr Spark was reasonably held. Section 10A(5) of the Criminal Assets Recovery Act 1990 therefore required the Court to make the restraining order sought.

Court Disposition

Orders made as sought by the plaintiff.

Orders

  • ['Pursuant to s 10A of the Criminal Assets Recovery Act 1990 no person, other than any registered mortgagee dealing with its right to do so under the registered mortgage, is to dispose of, attempt to dispose of, otherwise deal with or attempt otherwise to deal with any interest in property of Milad Eid, including...