New South Wales Crime Commission v Bath

In the case of New South Wales Crime Commission v Bath, the matter was brought before the Supreme Court of New South Wales. The New South Wales Crime Commission sought restraining orders against the defendant, Bath, on the basis that he was involved in organised criminal activities. The commission argued that Bath's continued presence in certain areas would jeopardise the safety of the public and witnesses involved in ongoing investigations.

The primary legal issue before the court was whether the commission could establish that there was a real risk of harm if restraining orders were not granted ex-parte. The court had to consider the evidence presented and determine whether it was sufficient to justify the imposition of such orders without prior notice to the defendant. The commission argued that the risk of harm was imminent, and that any delay in obtaining the orders would result in significant harm to the public interest and ongoing investigations.

The court found that the evidence presented was compelling and established a real risk of harm to the public and witnesses. The commission had demonstrated that Bath was involved in organised criminal activities, and that his continued presence in certain areas posed a significant threat. The court considered the seriousness of the allegations and the potential harm that could result from Bath's activities. The court also noted the importance of protecting witnesses and ensuring the safety of the public. As such, the court granted the commission's application for restraining orders ex-parte.

The court ordered that Bath be restrained from entering certain areas and approaching certain individuals, as specified in the orders. The orders were to remain in effect until further order of the court. The court emphasised the importance of the commission's role in combating organised crime and protecting the public and witnesses involved in ongoing investigations.