New South Wales Crime Commission v Barta [2021] NSWSC 285

New South Wales Crime Commission v Barta [2021] NSWSC 285

The Court is satisfied that the evidence establishes grounds for making the restraining orders under ss 10 and 10A, but declined to make ancillary orders under s 12 ex parte, as the defendant has a right to be heard.

Parties
Plaintiff: NSW Crime Commission; Defendant: Stefan Barta
Jurisdiction
Australia
Judgment Date
17 March 2021
Procedural Posture
Ex Parte Application for Restraining Orders / Initial Hearing/orders
Outcome
Restraining orders made in accordance with orders 1, 5, 7, 8, 9 and 10 of the draft orders; Ancillary orders under s 12 withdrawn; Non-publication order until service effected.
Legal Topics
Criminal Assets Recovery, Restraining Orders, Ex Parte Procedure
Criminal Law Criminal Assets Recovery Restraining Orders Ex Parte Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 1
Sign in to unlock

Parties

NSW Crime Commission

Plaintiff

Stefan Barta

Defendant

Procedural Posture

Ex Parte Application for Restraining Orders / Initial Hearing/orders

Legal Issues

  1. 1 Whether restraining orders should be made under ss 10 and 10A of the Criminal Assets Recovery Act 1990 (NSW)
  2. 2 Whether ancillary orders under s 12 for compulsory examination and financial disclosure should be made ex parte

Ratio Decidendi

The Court is satisfied that the evidence establishes grounds for making the restraining orders under ss 10 and 10A, but declined to make ancillary orders under s 12 ex parte, as the defendant has a right to be heard.

Court Disposition

Restraining orders made in accordance with orders 1, 5, 7, 8, 9 and 10 of the draft orders; Ancillary orders under s 12 withdrawn; Non-publication order until service effected.

Orders

  • Restraining orders made in accordance with orders 1, 5, 7, 8, 9 and 10 of the draft provided by the plaintiff
  • No publication of orders until restraining orders served on defendant and any other relevant or interested party