New South Wales Crime Commission v Jean Marco [2018] NSWSC 647

Supreme Court New South Wales

Medium Neutral Citation: New South Wales Crime Commission v Jean Marco [2018] NSWSC 647 Decision date: 10 May 2018 Jurisdiction: Common Law Before: Button J Decision: (1) The summons filed by the plaintiff on 9 May 2018 is dismissed. (2) No order as to costs. Catchwords: PROCEEDS OF CRIME – confiscation – ex parte application for restraining order pursuant to the Criminal Assets Recovery Act 1990 – statutory interpretation of s 10A – whether no temporal or other connection required between reasonably suspected "serious crime related activity" and interests to be restrained – application dismissed Legislation Cited: Criminal Assets Recovery Act 1990 (NSW), ss 4, 6, 10A, s28A Criminal Procedure Act 1986 (NSW) Cases Cited: International Finance Trust Co Ltd v NSW Crime Commission (2009) 240 CLR 319 Kable v Director of Public Prosecutions (NSW) (1996) 189 CLR 51 NSW Commission v Jomaa (Fagan J, 3 August 2017, unreported) NSW Crime Commission v Ayik [2016] NSWSC 1183 NSW Crime Commission v Elskaf [2017] NSWSC 681 NSW Crime Commission v Fatos Rama [2017] NSWSC 1396 NSW Crime Commission v Richards [2016] NSWSC 838 NSW Crime Commission v Yucel (Lonergan J, 6 October 2017, unreported) Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 R v Independent Broad-based Anti-corruption Commissioner [2016] HCA 8 Category: Procedural and other rulings Parties: New South Wales Crime Commission (Plaintiff) Jean Marco (Respondent) Representation: Solicitors: New South Wales Crime Commission Solicitors (Plaintiff) Ex Parte (Respondent) File Number(s): 2018/145145 Publication restriction: Pseudonym adopted for the Respondent.