NSW Crime Commission v Mammone

The matter before the court involved the New South Wales Crime Commission, who sought to dissolve a restraining order that had been made ex parte. The application was made due to inaccuracies in the evidence presented to the court. The legal issues before the court revolved around the interpretation of section 10 of the relevant legislation, the relationship of this section to common law and equity practices, and the appropriate course of action when only part of the material presented to the judge is accurate and sufficient.

The court examined the nature of the restraining order and its basis in both statute and common law principles. It considered whether the inaccuracies in the evidence were significant enough to warrant the dissolution of the order, and if the accuracy of only part of the material was sufficient for the order to stand. The court held that while inaccuracies in the evidence could be problematic, the decision to dissolve the order should be guided by the overall accuracy and sufficiency of the material presented to the judge. In this instance, since the part of the evidence that was accurate and sufficient supported the making of the order, the court decided not to dissolve the order.

The court further clarified that the application of section 10 should be consistent with common law and equity practices. It emphasised that the focus should be on whether the judge had sufficient, accurate information to make the decision, rather than on isolated inaccuracies. The court concluded that the order should not be dissolved where the accurate and sufficient part of the material was enough to support the order.

The final orders of the court were that the application to dissolve the restraining order was dismissed, and the restraining order remained in effect. This decision highlighted the importance of the accuracy and sufficiency of the evidence presented to the court in such matters, while also recognising the need for consistency with common law and equity principles.