PIC v DHADLIE [2005] NSWSC 1245

PIC v DHADLIE [2005] NSWSC 1245

Once the statutory criteria in s.10 of the Criminal Assets Recovery Act 1990 are satisfied, the court must grant a restraining order; the discretion is limited to assessing whether reasonable grounds for suspicion exist on the affidavit material.

Jurisdiction
Australia
Judgment Date
04 December 2005
Procedural Posture
Ex Parte Application for Restraining Order / Hearing and Determination at First Instance
Outcome
Restraining order granted
Legal Topics
['restraining Order' 'section 10 Criminal Assets Recovery Act' 'crime Related Activity']
['criminal Law' 'proceeds of Crime'] ['restraining Order' 'section 10 Criminal Assets Recovery Act' 'crime Related Activity']

Case Brief

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Procedural Posture

Ex Parte Application for Restraining Order / Hearing and Determination at First Instance

Legal Issues

  1. 1 ['What is the test to be applied under s.10 of the Criminal Assets Recovery Act 1990 (NSW)?' 'Does Queensland v Kahn Nhat Bui [2005] QSC 292 affect the application of s.10 in NSW?']

Ratio Decidendi

Once the statutory criteria in s.10 of the Criminal Assets Recovery Act 1990 are satisfied, the court must grant a restraining order; the discretion is limited to assessing whether reasonable grounds for suspicion exist on the affidavit material.

Court Disposition

Restraining order granted

Orders

  • ['A restraining order under s.10 of the Criminal Assets Recovery Act 1990 restraining the defendant from disposing or dealing with certain property.']