New South Wales Crime Commission v Co

The parties involved in this case were the New South Wales Crime Commission and an individual identified as Co. The dispute centred around the application of the Criminal Assets Recovery Act, specifically in relation to restraining orders and ancillary orders. The case was heard in the Supreme Court of New South Wales.

The legal issues before the court included whether ancillary orders could be made on an ex parte basis and whether such applications should be dealt with in chambers. The New South Wales Crime Commission sought ex parte restraining orders and ancillary orders to prevent Co from disposing of assets that were subject to forfeiture proceedings. The court had to determine whether such applications could be made without notice to Co and whether they should be heard in private chambers or in open court.

The court found that ancillary orders should not be made on an ex parte basis as this would deny the respondent the opportunity to be heard. The court held that such applications should be dealt with in open court to ensure transparency and fairness. The court emphasised the importance of providing the respondent with notice and the opportunity to be heard, particularly in matters involving significant legal and financial consequences. As a result, the application for ancillary orders was refused.

The court ordered that the application for ancillary orders be struck out. The matter was to be reheard in open court with proper notice to all parties involved. The decision underscored the importance of procedural fairness and the need for due process in the application of criminal assets recovery laws.