New South Wales Crime Commission v Gupta

The New South Wales Crime Commission sought an order to restrain the Gupta brothers from engaging in certain activities, including dealing in real estate, and to seize assets suspected of being the proceeds of crime. The case was heard by the Supreme Court of New South Wales. The court was asked to decide whether the commission had established that the assets were proceeds of crime and whether the restraint order was justified to prevent the commission of further crimes.

The court considered the evidence presented by the commission and whether it met the required threshold of being satisfied on the balance of probabilities that the assets were proceeds of crime. The court also examined whether the restraint order was necessary to prevent the commission of further crimes and whether it was proportionate to the risk posed by the Gupta brothers. The court found that the commission had established the required threshold and that the restraint order was justified.

The court issued the restraint order and directed the seizure of the assets in question. The order was made pursuant to the Criminal Property Confiscation Act 2009 (NSW) and the Crimes (Confiscation of Proceeds) Act 1991 (NSW). The court found that the Gupta brothers had engaged in criminal activity and that the restraint order and seizure of assets were necessary to prevent them from engaging in further criminal activity and to deprive them of the benefits of their criminal conduct. The final orders included a direction to the Gupta brothers to refrain from engaging in certain activities and a direction to the Commissioner of Police to seize specified assets.