New South Wales Crime Commission v Ngo

The Court was asked to determine whether it should make an ex parte restraining order under the Criminal Assets Recovery Act 1990 (NSW) against a man named Ngo. The New South Wales Crime Commission sought the order on the basis that Ngo was involved in criminal activity and the Commission believed that he had assets which should be restrained. The application was made in the Supreme Court of New South Wales, sitting in the Court of Appeal.

The central issue before the Court was whether the Commission had satisfied the threshold requirements for the making of an ex parte order. The Court had to determine if there was sufficient evidence to justify the making of the order without Ngo being present or being able to respond. The Court also needed to consider whether the Commission had provided a full and frank disclosure of all relevant material facts to the Court.

The Court found that the Commission had provided sufficient evidence to satisfy the threshold requirements for an ex parte order. The Court found that the evidence was sufficient to justify the making of the order without Ngo being present or being able to respond. The Court also found that the Commission had provided a full and frank disclosure of all relevant material facts to the Court. The Court therefore made the restraining order sought by the Commission.

The Court made the restraining order sought by the Commission. The order restrained Ngo from dealing with certain assets until further order of the Court. The Court also made an order that Ngo was to be given notice of the making of the order as soon as reasonably practicable.