New South Wales Crime Commission v De Jonk

In the case of New South Wales Crime Commission v De Jonk, the respondent was charged with money laundering offences and the applicant sought to obtain restraining orders under the Proceeds of Crime Act 2002 (NSW) in relation to certain assets held by the respondent. The matter was heard in the Supreme Court of New South Wales. The primary legal issue before the court was whether the applicant had demonstrated that the respondent had engaged in criminal conduct and that the assets in question were connected to that conduct. The court also had to determine whether the respondent had shown that the assets were held for a legitimate purpose.

The court held that the applicant had established that the respondent had engaged in criminal conduct and that the assets in question were connected to that conduct. The respondent had not demonstrated that the assets were held for a legitimate purpose. The court found that the applicant had made out a prima facie case that the restraining orders should be granted. The court further held that the respondent had failed to rebut the applicant’s case and that the restraining orders should be made. The court emphasised the importance of the restraining orders in preventing the proceeds of crime from being used for further criminal activity.

The final orders made by the court were that the restraining orders sought by the applicant be granted in relation to the assets in question. The respondent was ordered to provide information to the applicant about the assets and to transfer the assets to a nominated account. The court also ordered that the respondent pay costs of the proceeding.