DPP (Cth) v Tan [2003] NSWSC 717

DPP (Cth) v Tan [2003] NSWSC 717

The restraining orders should not be revoked because the applicant failed to show that there were no grounds on which to make the orders. The DPP's affidavit evidence and supporting material, including allegations and proceedings in the Philippines, an extradition request, an arrest order, and evidence concerning Mr...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
07 August 2003
Procedural Posture
Proceeds of Crime Restraining Order Proceedings / Application to Revoke Ex Parte Restraining Orders
Outcome
Application dismissed; costs reserved.
Legal Topics
['restraining Orders' 'revocation of Restraining Orders' 'reasonable Grounds to Suspect' 'foreign Indictable Offence' 'onus of Proof' 'ex Parte Orders']
['criminal Law' 'proceeds of Crime' 'statutory Interpretation' 'constitutional Law'] ['restraining Orders' 'revocation of Restraining Orders' 'reasonable Grounds to Suspect' 'foreign Indictable Offence' 'onus of Proof' 'ex Parte Orders']

Source-derived case record

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Procedural Posture

Proceeds of Crime Restraining Order Proceedings / Application to Revoke Ex Parte Restraining Orders

Legal Issues

  1. 1 ['Whether restraining orders granted ex parte under s 19 of the Proceeds of Crime Act 2002 (Cth) should be revoked under s 42 of the Act.' 'Whether there were no grounds on which to make the restraining orders at the time of considering the application to revoke them.' 'Whether the evidence disclosed reasonable grounds to suspect that the specified property was proceeds of a foreign indictable offence.']

Ratio Decidendi

The restraining orders should not be revoked because the applicant failed to show that there were no grounds on which to make the orders. The DPP's affidavit evidence and supporting material, including allegations and proceedings in the Philippines, an extradition request, an arrest order, and evidence concerning Mr Tan's Australian tax returns and bank accounts, were unchallenged and provided some reasonable grounds sufficient to support the required suspicion under s 19 of the Proceeds of Crime Act 2002 (Cth).

Court Disposition

Application dismissed; costs reserved.

Orders

  • ['Dismiss the application of the defendant.' 'Costs be reserved.']