New South Wales Crime Commission v Haseljic

The matter before the court was a dispute between the New South Wales Crime Commission and the defendant, Haseljic, concerning an application for a restraining order under the Criminal Assets Recovery Act 1990 (NSW). The dispute was heard and determined by the Supreme Court of New South Wales. The Crime Commission sought the restraining order to prevent Haseljic from dealing with his assets and property in a manner that would frustrate the recovery of proceeds of crime. The court was required to decide whether the evidence presented by the Crime Commission was sufficient to support the making of the restraining order ex parte, without notice to Haseljic.

The primary legal issue before the court was whether the Crime Commission had established a compelling case warranting the issuance of an ex parte restraining order under the Act. The court considered the principles governing the granting of such orders, including the need to balance the rights of the individual against the public interest in recovering criminal assets. The court examined the evidence provided by the Crime Commission, including allegations of criminal activity and the potential for asset concealment or dissipation. The court found that the evidence was sufficient to establish a compelling case, justifying the issuance of an ex parte order to protect the interests of justice and the public.

The court granted the restraining order ex parte, recognising the significant public interest in preventing the dissipation of criminal assets and the potential for further criminal activity. The court emphasised the importance of swift action in such cases, where there is a real risk that assets may be hidden, transferred, or otherwise dealt with in a manner that would frustrate recovery efforts. The court concluded that the evidence presented by the Crime Commission was sufficient to support the making of the order, and that the public interest in preventing such conduct outweighed the potential prejudice to Haseljic. The court made the restraining order in favour of the Crime Commission, subject to the conditions and provisions set out in the order.