New South Wales Crime Commission v Karezhev [2023] NSWSC 638

New South Wales Crime Commission v Karezhev [2023] NSWSC 638

The affidavit evidence established reasonable grounds for Mr Wen's suspicion that Zaur Karezhev had engaged in serious crime-related activity, namely dealing with property suspected of being proceeds of crime contrary to s 193C(1) of the Crimes Act 1900 (NSW), and provided a sufficient and proper basis for making the restraining order and ancillary orders sought.

Jurisdiction
Australia
Judgment Date
07 June 2023
Procedural Posture
Application for Restraining Order and Ancillary Orders Under the Criminal Assets Recovery Act 1990 (nsw) / Ex Parte Application; Principal Judgment; Orders Made
Outcome
Restraining order and ancillary orders made.
Legal Topics
['restraining Order' 'ancillary Orders' 'examination on Oath' 'serious Crime Related Activity' 'property Suspected of Being Proceeds of Crime']
['criminal Procedure' 'criminal Assets Recovery' 'proceeds of Crime'] ['restraining Order' 'ancillary Orders' 'examination on Oath' 'serious Crime Related Activity' 'property Suspected of Being Proceeds of Crime']

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Procedural Posture

Application for Restraining Order and Ancillary Orders Under the Criminal Assets Recovery Act 1990 (nsw) / Ex Parte Application; Principal Judgment; Orders Made

Legal Issues

  1. 1 ["Whether there were reasonable grounds for the authorised officer's suspicion that Zaur Karezhev had engaged in serious crime-related activity." 'Whether the affidavit evidence established a sufficient and proper basis for making the restraining order and ancillary orders sought.']

Ratio Decidendi

The affidavit evidence established reasonable grounds for Mr Wen's suspicion that Zaur Karezhev had engaged in serious crime-related activity, namely dealing with property suspected of being proceeds of crime contrary to s 193C(1) of the Crimes Act 1900 (NSW), and provided a sufficient and proper basis for making the restraining order and ancillary orders sought.

Court Disposition

Restraining order and ancillary orders made.

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, or otherwise deal with or attempt to otherwise deal with any interest in property of Zaur Karezhev,...