NSW Crime Commission v Stepanyan

The case of NSW Crime Commission v Stepanyan involved a dispute where the NSW Crime Commission sought restraining orders against Stepanyan under the Crimes (Serious Crime Control) Act 2006. The application was made ex-parte due to the urgency of the situation. The application was heard in the Supreme Court of New South Wales. The central issue for the court was whether the ex-parte application for restraining orders was justified and whether the evidence provided was sufficient to warrant such orders.

The court considered the criteria for issuing ex-parte restraining orders, which require the court to be satisfied that there are reasonable grounds to believe that an order is necessary to prevent serious harm to the public. The court examined the evidence provided by the NSW Crime Commission, which included allegations of Stepanyan's involvement in organised crime and potential threats to the community. The court found that the evidence demonstrated a credible risk to the public and justified the granting of restraining orders. The court noted the seriousness of the allegations and the potential for Stepanyan to abscond or interfere with investigations if not restrained.

In making its decision, the court balanced the need to protect the public against the potential impact of the restraining orders on Stepanyan's rights. The court concluded that the evidence supported the conclusion that serious crime control restraining orders were necessary to prevent potential harm. The orders were made, restricting Stepanyan's movements and limiting his ability to communicate with certain individuals. The court determined that the application met the statutory requirements and was in the interest of public safety.