NSW Crime Commission v Libdy [2019] NSWSC 781

Supreme Court New South Wales

Medium Neutral Citation: NSW Crime Commission v Libdy [2019] NSWSC 781 Hearing dates: 2 May 2019 Decision date: 02 May 2019 Jurisdiction: Common Law Before: Ierace J Decision: Orders sought made. Catchwords: CRIME – procedure – restraining orders sought – ex parte – orders made Legislation Cited: Criminal Assets Recovery Act 1990 (NSW), s 10A(5)(a)(ii) Category: Procedural and other rulings Parties: New South Wales Crime Commission (Plaintiff) Kevin Libdy (Respondent) Representation: Solicitors: NSW Crime Commission (Plaintiff) File Number(s): 2019/00137620

Judgment 1. HIS HONOUR: In this matter, which is an ex parte application for certain orders, I have granted leave for the plaintiff, that is, the New South Wales Crime Commission, to file in court a summons, together with an affidavit in support of an application for a restraining order, that application being of Katie Bourne sworn on 30 April 2019, together with a statement of facts and circumstances in respect of the restraining order, and two copies of draft orders. 2. The orders sought relate to the defendant's son, Mohammed Libdy, and another person, Omar Sbat. The content of the affidavit and its annexures is to the effect that both the defendant, that is, Kevin Libdy, and the two aforenamed persons, are all currently the subject of serious criminal charges which are current. Mr Kevin Libdy, that is the defendant, is facing five charges of deal with property proceeds of crime. Two of those are relied upon in relation to this application, that is, two counts of dealing with the proceeds of crime in excess of $100,000. An annexure to the affidavit is a transcript of an intercepted telephone call between the defendant and his son Mohammed which is, on its face, significant evidence in relation to one of those two charges. 3. Mohammed Libdy is currently facing seven charges which include supply an indictable quantity of a prohibited drug, possess prohibited drug, dealing with the proceeds of crime, two counts of possessing or using a prohibited weapon without a permit, a count of possessing ammunition without holding a licence and possessing or attempting to possess a restricted substance. 4. The charges outstanding against Omar Sbat are 19 in number. They include knowingly dealing with the proceeds of crime, supplying a large commercial quantity of a prohibited drug, multiple accounts of possessing an unauthorised pistol and not keeping firearms safely. 5. Having regard to the fact sheets which are also annexed to the aforesaid affidavit in respect of each of the persons who are the subject of the orders sought, and pursuant to s 10A(5)(a)(ii) of the Criminal Assets Recovery Act 1990 (NSW), I am satisfied that there are reasonable grounds for the suspicions advanced in the affidavit and sufficient to warrant the making of the orders sought. That being so, I make orders in the terms of the draft order document.