New South Wales Crime Commission v Power

The New South Wales Crime Commission sought to obtain an ex parte restraining order against Power, pursuant to the Criminal Assets Recovery Act 1990 (NSW). The court was required to determine whether the Commission had provided sufficient evidence to justify the grant of such an order, which would freeze Power's assets and prevent him from disposing of them. The legal issues included the standard of proof required for an ex parte application and whether the Commission had met that standard. The court considered the nature of the evidence provided and whether it was sufficient to establish a prima facie case that Power's assets were derived from criminal activity. The court found that the Commission had provided sufficient evidence to justify the grant of the restraining order. The court was satisfied that the evidence showed that Power's assets were derived from criminal activity and that there was a real prospect that he would dispose of them if not restrained. The court emphasised the importance of protecting the proceeds of crime and the need for a high threshold for granting ex parte orders. The court granted the restraining order and made directions for service on Power.