New South Wales Crime Commission v Malik

The case involved the New South Wales Crime Commission, acting under the Criminal Assets Recovery Act 1990, seeking to recover proceeds of crime from Mr. Malik. The court was asked to grant restraining and ancillary orders against him. The application was made ex parte due to the urgency and potential for Mr. Malik to dispose of the assets before the matter could be heard in full. The dispute centred on whether the commission could justify the ex parte orders based on the likelihood of Mr. Malik disposing of the assets or interfering with the investigation.

The primary legal issue was whether the commission had demonstrated a sufficient likelihood that Mr. Malik was in possession of proceeds of crime, and whether this likelihood justified the making of restraining and ancillary orders without Mr. Malik being present. The court considered whether the commission had provided adequate evidence to satisfy the threshold for such orders, including evidence of Mr. Malik's involvement in criminal activities and the risk of dissipation of assets. The court also considered whether the orders were necessary to prevent interference with the investigation or to preserve evidence.

The court found that the commission had provided sufficient evidence to support the making of the orders. The evidence demonstrated Mr. Malik's involvement in criminal activities and a significant risk that he would dispose of or otherwise interfere with the assets in question. The court accepted that the likelihood of Mr. Malik interfering with the investigation was high enough to justify the ex parte application. The court noted the seriousness of the allegations and the need to act promptly to prevent the dissipation of assets. The court concluded that the commission had met the necessary threshold for the orders and granted them as sought.

The final orders included a restraining order preventing Mr. Malik from disposing of specified assets and an ancillary order requiring him to provide details of his financial dealings. The court also ordered that Mr. Malik be given notice of the orders as soon as practicable and that the commission provide a report on the progress of the investigation. The orders were made with the understanding that they would be reviewed at a later date once Mr. Malik had an opportunity to be heard.