The application of Warwick Oliver [2019] NSWSC 1544

The application of Warwick Oliver [2019] NSWSC 1544

On the affidavit evidence and Westpac financial records, the Court was satisfied that Warwick Oliver's suspicion was reasonably held and that an order should be made for production of the documents defined under the Act as property tracking documents.

Jurisdiction
Australia
Judgment Date
07 November 2019
Procedural Posture
Application Under S 33 of the Criminal Assets Recovery Act 1990 (nsw) for the Production of Property Tracking Documents / Ex Parte Application
Outcome
Production order made.
Legal Topics
['production of Property Tracking Documents' 'criminal Assets Recovery Act 1990 (nsw)' 'serious Crime Related Activity']
['criminal Law' 'proceeds of Crime'] ['production of Property Tracking Documents' 'criminal Assets Recovery Act 1990 (nsw)' 'serious Crime Related Activity']

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Procedural Posture

Application Under S 33 of the Criminal Assets Recovery Act 1990 (nsw) for the Production of Property Tracking Documents / Ex Parte Application

Legal Issues

  1. 1 ['Whether an authorised officer had reasonable grounds for suspecting that a person had possession or control of property tracking documents.' 'Whether the Court should make a production order for documents defined under the Criminal Assets Recovery Act 1990 (NSW) as property tracking documents.']

Ratio Decidendi

On the affidavit evidence and Westpac financial records, the Court was satisfied that Warwick Oliver's suspicion was reasonably held and that an order should be made for production of the documents defined under the Act as property tracking documents.

Court Disposition

Production order made.

Orders

  • ["Pursuant to section 33(2) of the Criminal Assets Recovery Act 1990, the Proper Officer of Gridmesh Pty. Ltd. A.C.N. 007 801 881 of Darren Bray Level 1, 190 Henley Beach Road, Torrensville, South Australia 5031 is to produce to Warwick Oliver, between 9 am and 4 pm on or before 13 December 2019 at 453-463 Kent...