Elfar v New South Wales Crime Commission [2009] NSWCA 348

New South Wales Court of Appeal

CITATION: Elfar v New South Wales Crime Commission [2009] NSWCA 348

HEARING DATE(S): 8 September 2009

JUDGMENT DATE: 22 October 2009

JUDGMENT OF: Spigelman CJ at 1; Allsop P at 52; Hodgson JA at 53

1 Extend time for filing the summons up to and including 6 March 2009. 2 Grant leave to appeal. DECISION: 3 Subject to the appellant filing the Notice of Appeal, appeal allowed. 4 Set aside the order made by Hislop J on 24 October 2008. 5 Orders 3 and 4 to take effect one week from the date hereof. 6 The respondent pay the appellant's costs.

CATCHWORDS: APPEAL - duty to give reasons - person subject to Order entitled to know more than that primary judge "had regard to" certain matters - CRIMINAL LAW - procedure - confiscation of proceeds of crime and related matters - restraining or freezing order - evidence and procedure - requirements of affidavit under s 10 Criminal Assets Recovery Act 1990 - CRIMINAL LAW - procedure - confiscation of proceeds of crime and related matters - restraining or freezing order - evidence and procedure - police officer issuing charge not sufficient to establish reasonable grounds for suspicion under s 10 Criminal Assets Recovery Act 1990 - WORDS AND PHRASES - "reasonable grounds for suspicion".

Criminal Assets Recovery Act 1990 LEGISLATION CITED: Drug Misuse and Trafficking Act 1985 Evidence Act 1995

George v Rockett (1990) 170 CLR 104 Hadjigeorgiou v New South Wales Crime Commission [2007] NSWCA 197; (2007) 174 A Crim R 124 International Finance Trust Company Limited v New South Wales Crime Commission [2008] NSWCA 291, (2008) 251 ALR 479 CASES CITED: New South Wales Commission v Beneficial Owners of Various Bank and Share Trading Accounts [2009] NSWSC 322 New South Wales Crime Commission v Ollis [2006] NSWCA 76; (2006) 65 NSWLR 478 New South Wales Crime Commission v Vu [2009] NSWCA 349 Soulemezis v Dudley Holdings Pty Ltd (1987) 10 NSWLR 247 Warren Coombes (1979) 142 CLR 531