New South Wales Crime Commission v Gao

The case before the Court involved the New South Wales Crime Commission seeking restraining orders under the Criminal Assets Recovery Act 1990 (NSW) against Gao, on the basis that he was in possession of property that was the proceeds of crime. The court was asked to make several ancillary orders, including freezing orders, to prevent Gao from dealing with the property in question. The application was made ex parte, without notice to Gao, due to the urgency of the situation.

The central legal issues before the court were whether the New South Wales Crime Commission had made out a prima facie case that Gao was in possession of property that was the proceeds of crime and whether the court should grant the ancillary orders sought, including freezing orders, to prevent Gao from dealing with the property. The court also needed to consider whether the ex parte nature of the application was justified in the circumstances.

In determining the application, the court found that the New South Wales Crime Commission had established a prima facie case that Gao was in possession of property that was the proceeds of crime. The evidence presented to the court demonstrated a clear connection between the property and criminal activity. The court also found that the ex parte nature of the application was justified, given the urgency of the situation and the risk of Gao disposing of the property if not restrained. The court then proceeded to make the ancillary orders sought, including freezing orders, to prevent Gao from dealing with the property in question. The court considered that the evidence presented warranted these orders to ensure that the property could be recovered and returned to its rightful owners.

The court made the restraining orders sought by the New South Wales Crime Commission, prohibiting Gao from dealing with the specified property. Additionally, the court made the ancillary orders sought, including freezing orders, to prevent Gao from disposing of the property. The orders were made on an interim basis, pending further hearings in the matter.