New South Wales Crime Commission v Stevermver

The New South Wales Crime Commission sought a restraining order against Stevermver under the Criminal Assets Recovery Act 1990, alleging that he was involved in criminal activities and had assets that should be restrained to prevent the dissipation of proceeds of crime. The court was required to determine whether the commission had provided sufficient evidence to justify the restraint of Stevermver’s assets. The legal issues included whether the commission had established a real prospect of success on the merits of the case and whether the balance of convenience favoured the making of the order.

The court considered the evidence presented by the commission and found that it was sufficient to establish a real prospect of success on the merits. The commission had provided evidence of Stevermver’s involvement in criminal activities and identified specific assets that should be restrained. The court also found that the balance of convenience favoured the making of the order, as the dissipation of the assets would significantly hinder the commission’s ability to recover the proceeds of crime. The court held that the commission had met the threshold requirements for the making of a restraining order.

The restraining order was made, and Stevermver’s assets were restrained pending the final determination of the proceedings. The court emphasised the importance of the commission’s evidence and the need for careful consideration of the balance of convenience in such cases. The court also noted that the restraining order was not a final determination of the merits of the case, and that the parties would have an opportunity to present their full cases at a later date.