NSW Crime Commission v Shane John Meads [2010] NSWSC 1145

NSW Crime Commission v Shane John Meads [2010] NSWSC 1145

The evidence established reasonable grounds for suspicion that Shane John Meads had engaged in serious crime related activity and that the bank accounts were property for the purposes of the Criminal Assets Recovery Act 1990, so the restraining and ancillary orders were appropriate. Because amendments made after International Finance introduced a s 10C mechanism enabling an affected person to seek discharge of a restraining order and to adduce evidence, the legislative regime is materially different from the former s 10 regime considered by the NSW Court of Appeal, and a judge making an ex parte restraining order under s 10A is not obliged to give reasons.

Jurisdiction
Australia
Judgment Date
11 October 2010
Procedural Posture
Ex Parte Application for Restraining and Ancillary Orders Under the Criminal Assets Recovery Act 1990 / Procedural and Other Ruling
Outcome
Restraining and ancillary orders granted; reasons for those orders declined.
Legal Topics
['restraining Orders' 'ancillary Orders' 'ex Parte Applications' 'necessity for Reasons' 'application to Set Aside Restraining Orders']
['criminal Law' 'confiscation of Criminal Proceeds' 'evidence'] ['restraining Orders' 'ancillary Orders' 'ex Parte Applications' 'necessity for Reasons' 'application to Set Aside Restraining Orders']

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Procedural Posture

Ex Parte Application for Restraining and Ancillary Orders Under the Criminal Assets Recovery Act 1990 / Procedural and Other Ruling

Legal Issues

  1. 1 ['Whether the evidence was sufficient to make an ex parte restraining order under s 10A of the Criminal Assets Recovery Act 1990 in respect of specified property of Shane John Meads.' 'Whether, under the amended Criminal Assets Recovery Act 1990, a judge making an ex parte restraining order under s 10A is obliged to give reasons.']

Ratio Decidendi

The evidence established reasonable grounds for suspicion that Shane John Meads had engaged in serious crime related activity and that the bank accounts were property for the purposes of the Criminal Assets Recovery Act 1990, so the restraining and ancillary orders were appropriate. Because amendments made after International Finance introduced a s 10C mechanism enabling an affected person to seek discharge of a restraining order and to adduce evidence, the legislative regime is materially different from the former s 10 regime considered by the NSW Court of Appeal, and a judge making an ex parte restraining order under s 10A is not obliged to give reasons.

Court Disposition

Restraining and ancillary orders granted; reasons for those orders declined.

Orders

  • ['Restraining order under s 10A of the Criminal Assets Recovery Act 1990 made in respect of specified property of Shane John Meads.' 'Ancillary orders sought by the NSW Crime Commission made.' 'The Court declined to give reasons for the orders made on 14 September 2010.']