New South Wales Crime Commission v Jaafar

In the Supreme Court of New South Wales, the New South Wales Crime Commission sought restraining orders under the Criminal Assets Recovery Act 1990 against Jaafar, alleging that he had accumulated assets through criminal conduct. The Commission claimed that the orders would prevent Jaafar from disposing of his assets, which were derived from unlawful activities. The court was asked to determine whether the criteria for making such restraining orders were satisfied.

The primary legal issue before the court was whether the New South Wales Crime Commission had provided sufficient evidence to meet the statutory threshold for the issuance of restraining orders. The Commission had to demonstrate that it was likely that the property was the proceeds of crime and that there was a risk that the property would be dealt with in a manner that would prejudice a criminal investigation or prosecution. The court also considered whether the ex parte nature of the application was justified.

The court found that the Commission had presented a compelling case based on the evidence provided. It determined that the property in question was likely to be the proceeds of crime, and that there was a significant risk of the property being dealt with in a way that would hinder the investigation. The court accepted that the ex parte application was necessary to prevent any immediate disposal of the assets, which would have defeated the purpose of the application. Consequently, the court granted the restraining orders, allowing the Commission to take control of the property pending further investigation and potential prosecution.

The court ordered that restraining orders be made in favour of the New South Wales Crime Commission against Jaafar, prohibiting him from disposing of or dealing with the specified assets. The orders remained in place until further order of the court.