NSW Crime Commission v Sean Anthony Smith [2015] NSWSC 688

NSW Crime Commission v Sean Anthony Smith [2015] NSWSC 688

The affidavit and supporting police statement provided reasonable grounds for the suspicion that the defendant engaged in serious crime related activity; because s 10A(5) is mandatory in those circumstances, the Court was required to make the restraining orders.

Jurisdiction
Australia
Judgment Date
28 May 2015
Procedural Posture
Application by Summons for Restraining Orders Under S 10 a of the Criminal Assets Recovery Act 1990 / Ex Tempore Judgment and Orders
Outcome
Restraining orders made on the usual undertaking as to damages.
Legal Topics
['restraining Orders' 'serious Crime Related Activity' 'criminal Assets']
['civil Law' 'criminal Assets Recovery'] ['restraining Orders' 'serious Crime Related Activity' 'criminal Assets']

Case Brief

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Procedural Posture

Application by Summons for Restraining Orders Under S 10 a of the Criminal Assets Recovery Act 1990 / Ex Tempore Judgment and Orders

Legal Issues

  1. 1 ['Whether there were reasonable grounds for the suspicion that the defendant engaged in serious crime related activity so as to require restraining orders under s 10A of the Criminal Assets Recovery Act 1990.']

Ratio Decidendi

The affidavit and supporting police statement provided reasonable grounds for the suspicion that the defendant engaged in serious crime related activity; because s 10A(5) is mandatory in those circumstances, the Court was required to make the restraining orders.

Court Disposition

Restraining orders made on the usual undertaking as to damages.

Orders

  • ['Pursuant to section 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 to otherwise deal with any interest in property of Sean Anthony...