NSW Crime Commission v Nehme

In this matter, the NSW Crime Commission sought an ex parte application for a criminal assets restraining order against Mr Nehme, a person of interest in a criminal investigation. The application was heard by the NSW Supreme Court, presided over by Justice Hamill. The dispute centred on the need to prevent Mr Nehme from disposing of or dealing with his assets in a manner that could frustrate the criminal investigation and prosecution process.

The legal issues before the court involved whether the applicant had established that there were reasonable grounds to suspect that Mr Nehme held or had access to criminal property and whether the imposition of a restraining order was justified to prevent the dissipation of those assets. The court had to consider the balance between the need to protect the integrity of the criminal justice system and the potential impact of such an order on Mr Nehme's rights and freedoms.

Justice Hamill found that the applicant had demonstrated a sufficient evidentiary basis for suspecting Mr Nehme of involvement in criminal activities and holding or having access to criminal property. The court was satisfied that there was a real risk that Mr Nehme might dispose of his assets to avoid forfeiture or to fund further criminal activities. The judge concluded that the public interest in preventing such actions outweighed Mr Nehme's rights to deal freely with his property. Accordingly, the court granted the application for a criminal assets restraining order. The order restrained Mr Nehme from disposing of or dealing with his assets in specified ways until further order of the court.