New South Wales Crime Commission v Vanderburg

The case before the court involved the New South Wales Crime Commission and Mr Vanderburg. The dispute centred around the enforcement of restraining orders under the Criminal Assets Recovery Act 1990 (NSW). The Commission sought to prevent Mr Vanderburg from disposing of, dealing with, or otherwise affecting specified assets which were considered to be proceeds of crime. The matter was heard in the Supreme Court of New South Wales.

The court was required to determine whether it had the jurisdiction to make an ex parte order under section 123A of the Act, and whether such an order was appropriate in the circumstances. Additionally, the court needed to consider the appropriate ancillary orders to be made to ensure the effectiveness of the restraining order, and whether the Commission had provided sufficient evidence to support the application.

The court found that it did have jurisdiction to make an ex parte order under section 123A, as the Commission had demonstrated that there was an urgent need to prevent the dissipation of assets. The court also determined that the ancillary orders sought were necessary to ensure that the restraining order was effective, and that the Commission had provided sufficient evidence to support the application. Consequently, the court made the ex parte orders sought by the Commission. Further, the court considered it appropriate to make ancillary orders to ensure that the orders were enforced and that Mr Vanderburg complied with them.

The final orders included a restraining order preventing Mr Vanderburg from dealing with the specified assets, and ancillary orders requiring him to provide details of his financial affairs, and for the freezing and preservation of his assets. The court also ordered that the orders remain in place until the final determination of the matter, or until further order of the court.