NSW Crime Commission v Mohana

In the case of New South Wales Crime Commission v Mohana, the respondent, a former employee of the appellant, sought to have a restraining order set aside which had been made against him in an ex parte application. The application was made by the appellant pursuant to s 129 of the Crimes (Serious and Organised Crime) Act 2005. The appellant sought to prevent the respondent from communicating with certain individuals or attending certain locations, due to concerns about serious and organised crime. The respondent argued that the orders were unreasonable, oppressive, or unjust. The court was required to consider whether the application met the statutory criteria for such orders and whether the respondent had standing to seek their cancellation.

The court found that the appellant had satisfied the statutory requirements for making the application and that the orders were necessary to prevent serious and organised crime. The court also found that the respondent did not have standing to seek cancellation of the orders, as he had not demonstrated that he was directly affected by the orders. The court noted that the respondent had not provided any evidence to support his claim that the orders were unreasonable, oppressive, or unjust. The court rejected the respondent's argument that the orders were a breach of his right to freedom of communication under the Australian Constitution.

The court dismissed the respondent's application to set aside the restraining orders. The court found that the appellant had met the statutory requirements for making the application and that the orders were necessary to prevent serious and organised crime. The court also found that the respondent did not have standing to seek cancellation of the orders. The court did not make any orders as to costs.