NSW Caselaw
New South Wales Supreme Court
CITATION : NSW Crime Commission v Sarikaya [2010] NSWSC 692
HEARING DATE(S) : 25 June 2010
JUDGMENT DATE : 5 July 2010
JUDGMENT OF : Davies J
DECISION : (1) The orders of Hislop J made 10 December 2009 are set aside. (2) Upon the Plaintiff giving the usual undertaking as to damages (the giving of which by its counsel being noted) and considering that, having had regard to the matters contained in the affidavit of Jonathan Lee Spark dated 23 April 2010 and the affidavits of Richard Cummins sworn 5 January 2010, 25 January 2010 and 10 May 2010, there are reasonable grounds for the suspicion contained in the affidavit of Jonathan Lee Spark I make orders in terms of paragraphs 1 to 6 in the Notice of Motion filed 27 April 2010.
CATCHWORDS : CRIMINAL LAW - procedure - confiscation of proceeds of crime - restraining or freezing order - reasonable grounds for suspicion of authorised officer - correct test to be applied - earlier affidavit of authorised officer in respect of offences later withdrawn - authorised officer knew of withdrawal before swearing further affidavit concerning his suspicion - whether suspicion reasonably held.
Crimes Act 1900 LEGISLATION CITED : Criminal Assets Recovery Act 1990 Criminal Assets Recovery Amendment Act 2009 Uniform Civil Procedure Rules
CATEGORY : Procedural and other rulings
International Finance Trust Company Limited & Anor v New South Wales Crime Commission [2008] NSWCA 291 CASES CITED : International Finance Trust Company Limited v New South Wales Crime Commission [2009] HCA 49 New South Wales Crime Commission v Quoc Hoi Vu [2009] NSWCA 349
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