New South Wales Crime Commission v Sun [2015] NSWSC 1178

New South Wales Crime Commission v Sun [2015] NSWSC 1178

The Second Defendant's conduct in knowingly submitting false income tax returns and documents in support of her loan application amounted to an offence against s 178BB(1) Crimes Act 1900 (NSW), constituting serious crime related activity; all substantial expenditures by the Second Defendant during the relevant...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
12 October 2015
Procedural Posture
Application for Asset Forfeiture and Proceeds Assessment Order / Principal Judgment, Final Orders
Outcome
Orders granted for forfeiture and proceeds assessment; exclusion application dismissed; costs awarded to Plaintiff.
Legal Topics
['assets Forfeiture' 'proceeds Assessment Order' 'false/misleading Statements in Loan Applications' 'serious Crime Related Activity' 'illegal Activity' 'obtaining Financial Advantage by Deception']
['criminal Law' 'proceeds of Crime'] ['assets Forfeiture' 'proceeds Assessment Order' 'false/misleading Statements in Loan Applications' 'serious Crime Related Activity' 'illegal Activity' 'obtaining Financial Advantage by Deception']

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Procedural Posture

Application for Asset Forfeiture and Proceeds Assessment Order / Principal Judgment, Final Orders

Legal Issues

  1. 1 ['Whether the Second Defendant committed an offence against s 178BB(1) Crimes Act 1900 (NSW) in February/March 2008' 'Quantum of expenditure by the Second Defendant during the relevant six-year period' 'Proportion of expenditure funded from sources unrelated to illegal activity']

Ratio Decidendi

The Second Defendant's conduct in knowingly submitting false income tax returns and documents in support of her loan application amounted to an offence against s 178BB(1) Crimes Act 1900 (NSW), constituting serious crime related activity; all substantial expenditures by the Second Defendant during the relevant period are proceeds derived from that illegal activity and must be forfeited/assessed, with no credible evidence showing funding from unrelated legitimate sources.

Court Disposition

Orders granted for forfeiture and proceeds assessment; exclusion application dismissed; costs awarded to Plaintiff.

Orders

  • ['Pursuant to s 22, Criminal Assets Recovery Act 1990 the interest of Xiao Yan Xu in 14 Wondabah Place, Carlingford, NSW be forfeited to and vest in the Crown.' 'Pursuant to ss 27 and 28(3) of the Criminal Assets Recovery Act, the Second Defendant pay to the Treasurer the amount of $1,136,707.57.' 'The Notice of...