New South Wales Crime Commission v Khan

The case of New South Wales Crime Commission v Khan involved a dispute over the application of the Criminal Assets Recovery Act 1990 (NSW) and the imposition of restraining orders. The New South Wales Crime Commission sought to prevent the defendant, Khan, from dealing with certain assets on the basis that they were proceeds of crime. The application was made ex parte, meaning without the defendant's presence. The court was required to determine whether the evidence presented by the Crime Commission was sufficient to justify the ex parte orders sought.

The court considered whether the evidence provided by the Crime Commission was adequate to establish that Khan's assets were proceeds of crime and if the ex parte orders were justified. The court evaluated the potential prejudice to Khan if the orders were not granted immediately and weighed this against the seriousness of the allegations. Given the evidence presented, the court found that the likelihood of Khan's assets being proceeds of crime was sufficiently high to warrant the ex parte orders. The court also determined that the potential prejudice to Khan did not outweigh the public interest in preventing the dissipation of criminal proceeds.

The court granted the restraining orders sought by the Crime Commission, prohibiting Khan from dealing with the specified assets. The decision was based on the strength of the evidence provided and the potential for significant prejudice if the orders were not made. The court emphasised the importance of the restraining orders in ensuring that proceeds of crime could not be hidden or dissipated before a full hearing could be conducted. The final orders provided that Khan was prohibited from disposing of or dealing with the specified assets until further order of the court.