New South Wales Crime Commission v Alameddine [2022] NSWSC 217

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Alameddine [2022] NSWSC 217 Hearing dates: 24 February 2022 Date of orders: 24 February 2022 Decision date: 24 February 2022 Jurisdiction: Common Law Before: Dhanji J Decision: Orders made. Catchwords: CRIMINAL LAW – proceeds of crime – restraining orders – ex parte – orders made Legislation Cited: Criminal Assets Recovery Act 1990 Category: Procedural rulings Parties: New South Wales Crime Commission (Plaintiff) Rachad Alameddine (Defendant) Representation: Solicitors: New South Wales Crime Commission (Plaintiff) File Number(s): 2022/55507 Publication restriction: No

EXTEMPORE Judgment 1. HIS HONOUR: The plaintiff in this matter was granted leave to file in this Court a summons seeking certain orders against the defendant. That leave was granted. Orders sought are in the nature of a restraining order pursuant to s 10A of the Criminal Assets Recovery Act 1990 ("the Act") and orders for the examination of the defendant on oath before a Registrar of the Court with respect to his financial affairs. 2. The orders in relation to examination of the defendant were ultimately not pressed in response to an indication made by me that the Court would be disinclined to make such orders on an ex parte basis given that there is no particular immediate prejudice to the plaintiff if those orders are not made. It may well be that there is limited scope for the defendant to resist such orders, however, he is entitled to be heard. The restraining orders are in a different category. I accept that there is a sound basis for seeking those orders on an ex parte basis. 3. For the purposes of this application for a restraining order the plaintiff relies upon an affidavit sworn in support of the application on 21 February 2022 by Katie Elaine Bourne. That affidavit establishes that Ms Bourne is an authorised officer for the purposes of the Act and that Ms Bourne suspects the defendant of having engaged in serious crime-related activities, namely, the supply of a large commercial quantity of a prohibited drug, the supply of another drug on an ongoing basis, and knowingly directing the activity of a criminal group. Ms Bourne has provided the grounds for her suspicion which, in short, is that she has been provided with and accepts the contents of a police facts sheet that describes the various aspects of the criminal activity that the defendant is suspected to have engaged in. She has further ascertained that the defendant has been charged with those offences. 4. I am satisfied there are reasonable grounds for Ms Bourne's suspicion that the defendant has engaged in serious crime-related activity by virtue of the offences. 5. Accordingly, I am satisfied that the restraining order should be made and I make orders 1, 5, 6, 7 and 8 of the orders sought. I note in making these orders the plaintiff has given the usual undertaking as to damages.